# The United States Air Force is unconstitutional

**URL:** https://boards.straightdope.com/t/the-united-states-air-force-is-unconstitutional/947441
**Category:** Great Debates
**Created:** [July 27, 2021, 6:31pm UTC](https://boards.straightdope.com/t/the-united-states-air-force-is-unconstitutional/947441 "2021-07-27T18:31:30Z")
**Posts on this page:** 1
**Showing post:** 179

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### Author: ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)
#### Post date: [August 2, 2021, 11:41pm UTC](https://boards.straightdope.com/t/the-united-states-air-force-is-unconstitutional/947441/179 "2021-08-02T23:41:40Z")

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> [@Alessan](#):
>
> Maybe I’m just a pragmatist who stumbled into a purely theoretical debate, but I really don’t see anything to be gained here.

Originalism is a major theory of constitutional law in the United States, it used to be a fringe theory but now between three and five of the nine Supreme Court Justices are considered originalists. (Thomas, Gorsuch, Barrett, and possibly Roberts and Alito.)

A common criticism of originalism is that it leads to the absurd conclusion that the Constitution is flawed. Things like there being no constitutional right to privacy (therefore no right to same-sex marriage or contraceptives or abortion) or that it is unconstitutional for the federal government to force desegregation in state schools, or that Congress is powerless to enact federal welfare such as Social Security.

One common specific criticism which was actually raised in the linked thread, and therefore caused this thread, is that originalism leads to the USAF being unconstitutional.

~Max

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