air and space or the force thereof

A Navy forced Air Force jet: The F-4 Phantom

A couple weeks ago, Barbara and I were in Costco. While she was browsing, I took a moment or two and people watched. As I was gazing off, an airman in fatigues walks by. The branch description on his uniform: “Space Force.” Giggling internally, all I could think of was an old cartoon: “Space Ghost.” Then I pondered if those serving should be referred to as spacemen and not airmen or being more politically correct; spacepeople (Space Force)/airpeople (Air Force) based on the current trend of national fluidity.

Anyway, as I was waiting, another thought struck: Is the Space Force even constitutional? And for that matter, what about the Air Force? Seriously! Think about: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; (Constitution/Article I/Section 8/11^th and 12^th Clauses). Mind you, nary was the thought of flying in the Framers day and time, thus no mention of either two, but. Nor has there ever been a constitutional amendment to create the newest branches. They were created through law.

The Air Force itself under the “National Defense Act of 1947”: Public Law 253, 80th Congress; Chapter 343, 1st Session; S. 758 and read: To promote the national security by providing for a Secretary of Defense; for a National Military Establishment; for a Department of the Army, a Department of the Navy, and a Department of the Air Force. Signed into law by President Truman, the Air Force opened its doors for business September 18, 1947. Then Space Force: December 20, 2019, again under a National Defense Authorization Act.

Which … The powers delegated by the proposed Constitution to the federal government are few and defined (Federalist 45). In simpler wording: The government cannot legislate what it cannot control. So, if a power is not granted, how does the government gain such … The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate (Constitution/Article V).

That’s also one damn long sentence, and what’s proving to be an extremely problematic proposition: amendments. Or what has become, I believe, a flaw in the Constitution. Especially when political party power is desirous of absolute control of the country; the Constitution be damned. And where a deception of intent over constitutional design has become the rally cry of both the Democrat and Republican parties.

But … All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives (Constitution/Article I/Section 1). So, if all laws are through Congress, yet it’s limited to what Sections 8 and 9 vest in the two chambers, then wouldn’t the establishment of an “Air Force” and “Space Force” require constitutional amendments? Remember, the Constitution only provided for an Army and Navy. Mind you, up until 1947, the Air Force was a department of the Army: constitutional. Like the Marine Corps to the Navy. Although, ask any Marine how they really feel.

And if one says Congress through law, without any constitutional authority to do so, was able to establish the two departments thereof, then any law it chooses to pass, whether constitutional or not, becomes constitutional by default or precedent. Think about that. But aren’t amendments enacted and redacted: Think prohibition. And furthering the ability to change the Constitution through law and not amendment, think of the House of Representatives structure: The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; (Constitution Article I/Section 2/4^th Clause), and the limited 435 now seated changed by law, not an amendment. I guess ignorance is bliss … until it isn’t.

Except, at what altitude does the Air Force end and Space Force begin. And if they start flying spaceships, will NASA then be defunct and the branch become Navy? If so, imagine the first ship being the Enterprise and Captain Kirk reenlisting Scotty to beam us all up "to explore strange new worlds, to seek out new life and new civilizations, to boldly go where no man has gone before." Or maybe Jan, Jace, and Blip (the monkey) will defeat any enemies with similar capabilities and Space Ghost will be the Secretary of Space Force and we’ll have invisbility ships!