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dpkirchner | 1 day ago

"Secondarily titled" is not a thing in our constitution, so it is correct to use "Defense".

Also I just noticed in my pedantry I typed Department of Justice. Embarrassing.

discuss

order

try_the_bass|1 day ago

This is such a weird hill to die on. I'm pretty sure none of the cabinet positions are described by the constitution, so I'm not sure citing it here has any relevance at all?

toraway|20 hours ago

The constitution assigns legislative power to the Congress, and does not allow the President to rewrite law by fiat.

The Department of Defense was established by the National Security Act of 1947 and is still the law of the land until they pass legislation amending it.

The Trump Administration could request the Republican controlled Congress rename the DoD in the NDA, but for whatever reason they have not done so.

So it's correct to say that accepting the idea that a President can rewrite a law based on their own personal whims without Congress is in opposition to fundamental constitutional separation of powers.