Originally posted by Trell
If towns can have laws banning walmarts, bars, and strip clubs, Why not recruiting stations?
Why does it continue to escape you that the military is not a business like wal-mart? It is a constitutionally mandated and federally managed government organization. In fact, that makes it even more legitimate than the IRS and post office, neither of which is specifically mentioned in the constitution as organizations that MUST be part of our federal government.
The constitution allows for taxation, but does not require it nor specify how this taxation is to occur. The post office was created by a piece of legislation after the nation was created. The military however, is explicitly listed as a mandatory organization, the creation and maintenance of which is authorized and REQUIRED.
Your position, and the position of the Berkeley city government, is that the city has the authority to override the government's obligation to raise and maintain military forces. Simply put, Berkeley doesn't have a say except through their right to attempt to elect officials who are in charge of how the federal government carries out this obligation.