Bills of Congress by U.S. Congress

Expressing the sense of the Senate that Ashli Babbitt is disqualified from eligibility for military funeral honors under section 985 of title 10, United States Code.

Summary

Senate Resolution 382 expresses the sense of the Senate that Ashli Babbitt is disqualified from receiving military funeral honors under 10 U.S.C. § 985. The resolution cites Babbitt's actions on January 6, 2021, during which she attempted to breach the U.S. Capitol during the insurrection. The resolution argues that granting her military funeral honors would discredit the Armed Forces and undermine the sacrifices of veterans.

Expected Effects

If passed, this resolution would formally express the Senate's disapproval of granting military funeral honors to Ashli Babbitt. While the resolution itself does not have the force of law, it would serve as a strong statement of the Senate's position. It could influence future decisions regarding eligibility for military funeral honors in similar cases.

Potential Benefits

  • Reinforces the importance of upholding the Constitution.
  • Honors the sacrifices of law enforcement officers who defended the Capitol.
  • Preserves the integrity of military funeral honors for those who honorably served.
  • Sends a message that actions against democratic institutions have consequences.
  • Reaffirms gratitude to those who defended the Capitol.

Potential Disadvantages

  • May be viewed as politically divisive.
  • Could be seen as disrespectful to Babbitt's military service prior to January 6, 2021.
  • May further polarize public opinion regarding the events of January 6th.
  • Could set a precedent for denying honors based on political actions.
  • May be perceived as an overreach of legislative power into military affairs.

Constitutional Alignment

The resolution raises complex constitutional questions. While Congress has the power to legislate regarding the military (Article I, Section 8), the resolution's focus on an individual's actions and potential denial of honors touches on issues of due process and potential ex post facto application of standards. The resolution also implicitly deals with the First Amendment rights of assembly and protest, as Babbitt's actions were part of a larger political demonstration.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).