Ca Civil Code 1962: Fill & Download for Free

What history events are most Americans oblivious to?Most don’t know The History of African-American between 1865 (Official end of mandatory Slavery) and 1964 (the Signing of the Civil Rights Bill).Some people call this 99 years of hell. Over 3,000 documented lynchings, and close to 200 Race riots resulting mass causality events and massive property (Both targeted toward at African-Americans).After the Emancipation Proclamation and the passing of the 13, 14, and 15th amendments, Southern states found a loop hole:The 13th amendment, section 1, allowed for slavery only as a form of punishment for a crime. Southern states quickly wrote dozens of laws to arrest freed slaves. These laws were made illegal with the Civil Rights act of 1964. However for 99 years they made life a living hell for Black people. Here is a list of some of these laws:Every negro is required to be in the regular service of some white person.No negro shall be permitted to rent or keep a house.Unlawful for any white person to intermarry with any "Negro, Chinese, or any person having one-quarter or more Negro, Chinese or kanaka blood. Those who licensed or performed such a ceremony could be jailed for three months to one year, or fined between $100 and $1,000.Any negro found unemployed or without residence is considered a vagrant and find to hard labor. (What House and Job would a newly freed slave have?)Slavery v. Peonage | Slavery By Another Name Bento | PBSBlack Code and Jim Crow Law examples - Black Codes and Jim CrowBlack Codes (United States) - WikipediaList of Jim Crow law examples by state - WikipediaBlack CodesThe inequality created an environment in which Racist knew they had the ability to kill, rape, and destroy with impunity. The following is the result of this inequality.The Rosewood massacre was a racially motivated massacre of black people and destruction of a black town that took place during the first week of January 1923 in rural Levy County, Florida. At least six black people and two white people were killed, though eyewitness accounts suggested a higher death toll of 27 to 150. The town of Rosewood was destroyed, in what contemporary news reports characterized as a race riot. Racial disturbances were common during the early 20th century in the United States, reflecting the nation's rapid social changes. Florida had an especially high number of lynchings of black males in the years before the massacre, including a well-publicized incident in December 1922. Rosewood massacre - Wikipedia1921: Tulsa, OklahomaBetween May 31st and June 1st, a young white woman accused an African American man of grabbing her arm in an elevator. The man Dick Rowland was arrested and police launched an investigation. A mob of armed white men gathered outside the Tulsa County Courthouse, where gunfire ensued. During the violence, 1,250 homes were destroyed and roughly 6,000 African-Americans were imprisoned after the Oklahoma National Guard was called in. The state of Oklahoma reports that twenty-six African-Americans died along with 10 whites.Before:After:Here is a full list of every Race Riot instigated by Racist resulting in the lynching, rape and murders of African-Americans, and the illegal destruction and/or confiscation of African-American land and property, The only riot listed where Racist didn’t instigate it was the Nation wide Riots after the assassination of MLK. (None of this is typically taught in schools):Race Riots/Massacres of the 1800's1863: March 6 Detroit, MI Detroit Race Riot of 18631863: July 13-16. NYC City, NY New York City Draft Riots1866: May 1-3 Memphis, Tennessee Memphis Riots of 18661866: June Charleston, SC1866: July 30. New Orleans, LA New Orleans Riot of 18661867: Pulaski, Tennessee Pulaski Riot1868: September 28 Opelousas, LA Opelousas Massacre1868: September 19 Camilla, Georgia Camilla Riot of 18681870: Eutaw, Alabama Eutaw Riot of 18701870: June Alamance, N.C. Kirk-Holden War1870: October 20 Laurens, SC Laurens County Riot1871: March Meridian, MS Meridian Race Riot of 18711872: Louisiana1873: April 13 Colfax, LA Colfax Massacre1874: July 29 Vicksburg, MS Vicksburg Riot of 18741874: September 14 New Orleans, LA Liberty Place Riot1874: August Coushatta, Louisiana Coushatta Massacre1874: November 3 Eufaula, Alabama Election Riot of 18741875: September 1 Yazoo City, MS Yazoo City Race Riot of 18751875: September 4 Clinton, Mississippi The Clinton Riot1876: July 4 Hamburg, SC Hamburg Massacre1884: Cin1891: October 18 Omaha, NE Omaha riot of 1891.1898: October 12 Virden, IL Virden Massacre1898: November Wilmington, NC Wilmington Insurrection of 18981898: February 22 Lake City, South Carolina Lake City Mob1898: November 9-14 Greenwood County, S.C. Phoenix Election Riot1899: April 23 Coweta, GA Lynching of Sam Hose1899: September 19 Carterville, ILRace Riots/Massacres of the 1900's1900:July 23- 27 New Orleans, LA Robert Charles Riots1900: August 13- 17 New York City, NY New York City Race Riot1901: August Pierce City, MO Riot1903: April Joplin, MO1903: July Boston, MA1904: March Springfield, OH1906: January Chattanooga, TN1906: April 14 Springfield, MO1906: April Greensburg, IN1906: August 13-14 Brownsville, TX Brownsville Raid of 19061906: September 22-24 Atlanta, GA Atlanta Race Riot of 19061907: August 10 Onancock, VA Onancock Race Riot 19071908: August 14 Springfield, IL Springfield Race Riot of 19081910: July 4 Nationwide1910: July Palestine, TX1916: May 15 Waco, TX Jesse Washington1917: May 28. July 2. St.Louis, MO East St. Louis Riot1917: July 31-August 4 Chester, PA Chester Race Riot1917: August 23. Houston, TX Houston Riot1917: New York City, NY1917: September 1 Lexington, KY Race Riot of 19171917: Chicago, IL1917: Youngstown, Ohio1918: May 16-23 Valdosta, GA1918: July 26 Philadelphia, PA Race Riot of 19181918: August 18 Camp Merritt, NJ1918: Dewey, OklahomaRed Summer of 19191919: July 19-23. Washington, D.C.1919: September 25-28. Omaha, Nebraska1919: May 10 Charleston, South Carolina1919: May 25 Milan, Georgia1919: July 10 Longview, Texas1919: August 30 Knoxville, Tennessee1919: August 21, September 16. New York City, New York1919: August 27-28. Laurens County, Georgia1919: October 1 Elaine, Arkansas1919: June 13 New London, Connecticut1919: July 3 Bisbee, Arizona1919: April 13 Millen, Georgia1919: July 7. July 31. Philadelphia, Penn1919: July 15 Port Arthur, Texas1919: July 21 Norfolk, Virginia1919: Argo, Illinois1919: July 31 Syracuse, New York1919: Ocmulgee, Georgia1919: Mid Aug/Sep. Baltimore, Maryland1919: November 13-1. Wilmington, Delaware1919: Waukegan, Illinois1919: August 5 Lexington, Nebraska1919: August 18 Mulberry, Florida1919: July 27- August 3 Chicago, Illinois1919: October 4-5 Gary Indiana.1919: October 9 Donora, Pennsylvania1919: October 10 Hubbard, Ohio1919: October 30 Corbin, Kentucky1919: November 22 Bogalusa, Louisiana.1919: May 10 Sylvester, Georgia.1919: May 29 Putnam, Georgia1919: 31 May Monticello, Mississippi1919: 13 June Memphis, Tennessee1919: June 27 Macon, Mississippi.1919: June 27 Annapolis, Maryland.1919: July 5 Scranton, Pennsylvania1919: July 6 Dublin, Georgia1919: July 8 Coatesville, Pennsylvania1919: July 9 Tuscaloosa, Alabama1919: July 11 Baltimore, Maryland1919: July 23 New Orleans, Louisiana1919: July 23 Darby, Pennsylvania1919: July 26 Hobson City, Alabama1919: July 28 Newberry, South Carolina1919: July 31 Bloomington, Illinois1919: August 4 Hattiesburg, Mississippi1919. August 6 Texarkana, Texas1919: August 29 Ocgulmee, Georgia1920: Chicago, Illinois1921: May 30- June 1. Tulsa, OK Black Wall Street Massacre1922. May 6, June 9 Kirven, Texas1923: January 1. Rosewood, FL Rosewood Massacre1930: October 12-15 Sainte Genevieve, MO1931: March Scottsboro, AL1935: March 19 Harlem, NY Harlem Riot of 19351943: May Mobile, AL1943: June Los Angeles, CA Zoot Suit Riot1943: June 15-16 Beaumont, TX Beaumont Race Riot of 19431943: June 20 Detroit, MI Detroit Race Riot1943: August 1 Harlem, NY Harlem Riot of 19431949: August-September Peekskill, NY1951: July 11-12 Cicero County, IL Cicero Race Riot1958: Maxton, NC Battle of Hayes Pond1959: February Pearl River County, MS1960: April Biloxi Beach, MS1962: October Oxford, MS Uni of Mississippi1963: September 30. Oxford, MS Ole Miss Riot1963: July 11 Cambridge, MD Cambridge riot of 1963 1963: May 13 Birmingham, AL Bombings1964: July Brooklyn, NY1964: July 18 Harlem, NY Harlem Riot of 19641964: July 24-26 Rochester, NY Rochester riot1964: August Jersey City, NJ1964: August Paterson, NJ1964: August Elizabeth, NJ1964: August Chicago, IL1964: August 28 Philadelphia, PA Philadelphia 1964 race riot1965: March 7 Selma, AL Bloody Sunday1965: July Springfield, MA1965: August 11-17 Los Angeles, CA Watts Riot1966: July 18 Cleveland, Ohio Hough Riots1966: July 4 Omaha, NE1966: September Dayton, OH1966: September San Francisco, CA Hunter's Point1967: June Atlanta, GA1967: June 6 Boston, MA1967: June 11 Tampa, FL Tampa Riot1967: May 22 Houston, TX Texas Southern University Riot 1967: July 22 Detroit, MI Detroit riot1967: June 26- July 1 Buffalo, NY Buffalo Riot1967: July 30 Milwaukee, WI Milwaukee Riot1967: July 21 Minneapolis, MN Minneapolis North Side Riots1967: July 12-17 Newark, NJ Newark riots1967: July 16 Plainfield, NJ Plainfield riots1967: July 24 Cambridge, MD Second Cambridge Race Riot1967: June 11-16 Cincinnati, OH Avondale Riot1967: July Newark, NJ1967: July Detroit, MI1967: Birmingham, AL1967: Chicago, IL1967: New Britain, CT1967 Rochester, NY1968: February 8 Orangeburg, SC Orangeburg massacre1968: April Nationwide riots Assassination of MLKList of incidents of civil unrest in the United States - Wikipedia

Most jobs were closed off to Black people, or the jobs were modified for Negros, meaning the pay was decreased. Because of the way the 13th Amendment was written the former Slave states passed laws that were designed to re-enslave/arrest former slaves. Many worked as Slaves/Prisoners fixing roads, building structures for the Warder/Former slave master. Most of the Prison guards were former Slaver catchers and overseers.These laws were called Black codes. Most people are familiar with the segregation aspect of this time period, but not the root reason why America has the largest prison system in the world. Most of these laws were blatantly bias and obvious in its intent. Here are a few examples:Any negro found drunk, within the said parish shall pay a fine of five dollars, or in default thereof work five days on the public road, or suffer corporeal punishment as hereinafter provided. - Basically their White counterparts aren’t punished as harshly as the Black perpetrators are, we see these trends today:Black Code and Jim Crow Law examples - Black Codes and Jim CrowSharecroppingDespite these blatantly racist laws (most were on the books legally until 1964 with the signing of the Civil Rights Act), many African American fled the south for areas of less oppression. Most of the people who stayed became share croppers:Sharecropping is when you work the land that someone else owns and at the end of the harvest you get a percentage of the proceeds, and room and board. Since discrimination was legal by letter of law most Black workers received substantially less for the same amount of work a poor White sharecropper may make. Sharecropping - Wikipedia And, once again, this trend also continues into the 21st century:Other JobsAll is not all doom and gloom. During slavery runaway slaves, and Blacks that had a benefactor (Slave master/father that had a change of heart, or A White Mother) were free and had opportunity. People today like Vanessa Williams had ancestors that had extraordinary jobs.Her Ancestor David Carll was a free Mulatto (most likely he had a White mother, or a Father/Slave master who set him free). He became a solider and fought in the Civil war from the North. David Carll also Later married a White woman which wasn’t common back then.Her great great grandfather also has a extraordinary life. He was the first African-American Representatives in the state legislature where he served from 1885 to 1886.Vanessa Williams' Surprising DNA Test - Ancestry BlogWhat Vanessa Williams Learned In Mail-Order DNA TestThe same is true of Valerie Jarrett’s (former senior advisor President Obama) ancestors.Her great Grandfather was the first Black person to graduate from MIT. Similar to Vanessa Williams. Her great grandfather was also free because he was a mulatto. Her Great grandfather was an Architect that helped build one of the first HBCU’s Tuskegee University. Finding Your Roots - Valerie Jarrett's Groundbreaking Great-Grandfather - Twin Cities PBSBecause mulatto African-Americans inherited White Privilege from their Mothers or were granted freedom from their Slave Master Father they were able to accomplish great things. These privileges allowed them to work around White people. This allowed African-Americans to get resources that many were not able to get. It also gave African-American some political power. One of the continuing legacies of White privilege in African-Americans is colorism. White people preferred to interact with Fair skinned African American that looked more White. Because of this African-American families continued to promote their Fair skinned children over their Dark skinned ones because the dark skinned ones would not be accepted in society. We can clearly see the outcome in various examples. This is a Black sorority from the 1950’s, All the girls are light skinned:Within 40 years after slaver African-American became a monolith. Jewish people In American and in parts of Europe were a monolithic group. They built their own businesses, had their own stores and shops that provided them with ethnic foods. And thy had their own religion, and they had their own schools. Because of this Jewish people were able to to pool their resources and keep their money in their community making them wealthier than their non-Jewish neighbors. In Germany when the economy started doing bad and Hitler wanted someone to blame, the people turned on the Jews and burned their business to the ground. This was called Kristallnacht, Night of Broken Glass or Kristallnacht - Wikipedia.African american within 40 years were able to build complete towns and small cities that had Hospitals, Groceries, Schools, churches, and Universities:Tuskegee University:Howard University:Howard Freemans Hospital:However just like the Jews during Hitlers rise to power, Blacks were views with jealous eyes. People that were formerly share croppers were becoming Doctors, Nurses, Lawyers, Teachers, Masons, Builders, Engineers, ect. Slavery ended in 1865 and the civil right bill was signed in 1964. With in these 100 years African American went from Slave to potentially the most upwardly mobile group in America until Racist burned it all down. There were close to 200 racial attacks during this time period that destroyed African-American property and killing thousands.Black wall street, Tulsa Oklahoma:Tulsa race riot - WikipediaRosewood Florida:Rosewood massacre - WikipediaAnd because of these attacks, and systemic racism African-Americans today have a legacy of poverty:Here is a list of all the Attacks on Free African-American after slavery and prior to the Civil Rights bill:Race Riots/Massacres of the 1800's1824: October 18 Providence, R.I. Hardscrabble Riots1829: June- August: Cincinnati, OH Cincinnati Riots of 18291831: Providence, R.I. Snow Town Riots1834: July 7 New York City, N, Y Farren Riots1834: August 12 Philadelphia, PA Flying Horse Riot1836: April and July Cincinnati, OH Cincinnati riots of 18361841: September Cincinnati, OH Cincinnati riots of 18411855: Cincinnati, OH1863: March 6 Detroit, MI Detroit Race Riot of 18631863: July 13-16. NYC City, NY New York City Draft Riots1866: May 1-3 Memphis, Tennessee Memphis Riots of 18661866: June Charleston, SC1866: July 30. New Orleans, LA New Orleans Riot of 18661867: Pulaski, Tennessee Pulaski Riot1868: September 28 Opelousas, LA Opelousas Massacre1868: September 19 Camilla, Georgia Camilla Riot of 18681870: Eutaw, Alabama Eutaw Riot of 18701870: June Alamance, N.C. Kirk-Holden War1870: October 20 Laurens, SC Laurens County Riot1871: March Meridian, MS Meridian Race Riot of 18711872: Louisiana1873: April 13 Colfax, LA Colfax Massacre1874: July 29 Vicksburg, MS Vicksburg Riot of 18741874: September 14 New Orleans, LA Liberty Place Riot1874: August Coushatta, Louisiana Coushatta Massacre1874: November 3 Eufaula, Alabama Election Riot of 18741875: September 1 Yazoo City, MS Yazoo City Race Riot of 18751875: September 4 Clinton, Mississippi The Clinton Riot1876: July 4 Hamburg, SC Hamburg Massacre1884: Cin1891: October 18 Omaha, NE Omaha riot of 1891.1898: October 12 Virden, IL Virden Massacre1898: November Wilmington, NC Wilmington Insurrection of 18981898: February 22 Lake City, South Carolina Lake City Mob1898: November 9-14 Greenwood County, S.C. Phoenix Election Riot1899: April 23 Coweta, GA Lynching of Sam Hose1899: September 19 Carterville, ILRace Riots/Massacres of the 1900's1900:July 23- 27 New Orleans, LA Robert Charles Riots1900: August 13- 17 New York City, NY New York City Race Riot1901: August Pierce City, MO Riot1903: April Joplin, MO1903: July Boston, MA1904: March Springfield, OH1906: January Chattanooga, TN1906: April 14 Springfield, MO1906: April Greensburg, IN1906: August 13-14 Brownsville, TX Brownsville Raid of 19061906: September 22-24 Atlanta, GA Atlanta Race Riot of 19061907: August 10 Onancock, VA Onancock Race Riot 19071908: August 14 Springfield, IL Springfield Race Riot of 19081910: July 4 Nationwide1910: July Palestine, TX1916: May 15 Waco, TX Jesse Washington1917: May 28. July 2. St.Louis, MO East St. Louis Riot1917: July 31-August 4 Chester, PA Chester Race Riot1917: August 23. Houston, TX Houston Riot1917: New York City, NY1917: September 1 Lexington, KY Race Riot of 19171917: Chicago, IL1917: Youngstown, Ohio1918: May 16-23 Valdosta, GA1918: July 26 Philadelphia, PA Race Riot of 19181918: August 18 Camp Merritt, NJ1918: Dewey, Oklahoma Red Summer of 19191919: July 19-23. Washington, D.C.1919: September 25-28. Omaha, Nebraska1919: May 10 Charleston, South Carolina1919: May 25 Milan, Georgia1919: July 10 Longview, Texas1919: August 30 Knoxville, Tennessee1919: August 21, September 16. New York City, New York1919: August 27-28. Laurens County, Georgia1919: October 1 Elaine, Arkansas1919: June 13 New London, Connecticut1919: July 3 Bisbee, Arizona1919: April 13 Millen, Georgia1919: July 7. July 31. Philadelphia, Penn1919: July 15 Port Arthur, Texas1919: July 21 Norfolk, Virginia1919: Argo, Illinois1919: July 31 Syracuse, New York1919: Ocmulgee, Georgia1919: Mid Aug/Sep. Baltimore, Maryland1919: November 13-1. Wilmington, Delaware1919: Waukegan, Illinois1919: August 5 Lexington, Nebraska1919: August 18 Mulberry, Florida1919: July 27- August 3 Chicago, Illinois1919: October 4-5 Gary Indiana.1919: October 9 Donora, Pennsylvania1919: October 10 Hubbard, Ohio1919: October 30 Corbin, Kentucky1919: November 22 Bogalusa, Louisiana.1919: May 10 Sylvester, Georgia.1919: May 29 Putnam, Georgia1919: 31 May Monticello, Mississippi1919: 13 June Memphis, Tennessee1919: June 27 Macon, Mississippi.1919: June 27 Annapolis, Maryland.1919: July 5 Scranton, Pennsylvania1919: July 6 Dublin, Georgia1919: July 8 Coatesville, Pennsylvania1919: July 9 Tuscaloosa, Alabama1919: July 11 Baltimore, Maryland1919: July 23 New Orleans, Louisiana1919: July 23 Darby, Pennsylvania1919: July 26 Hobson City, Alabama1919: July 28 Newberry, South Carolina1919: July 31 Bloomington, Illinois1919: August 4 Hattiesburg, Mississippi1919. August 6 Texarkana, Texas1919: August 29 Ocgulmee, Georgia1920: Chicago, Illinois1921: May 30- June 1. Tulsa, OK Black Wall Street Massacre1922. May 6, June 9 Kirven, Texas1923: January 1. Rosewood, FL Rosewood Massacre1930: October 12-15 Sainte Genevieve, MO1931: March Scottsboro, AL1935: March 19 Harlem, NY Harlem Riot of 19351943: May Mobile, AL1943: June Los Angeles, CA Zoot Suit Riot1943: June 15-16 Beaumont, TX Beaumont Race Riot of 19431943: June 20 Detroit, MI Detroit Race Riot1943: August 1 Harlem, NY Harlem Riot of 19431949: August-September Peekskill, NY1951: July 11-12 Cicero County, IL Cicero Race Riot1958: Maxton, NC Battle of Hayes Pond1959: February Pearl River County, MS1960: April Biloxi Beach, MS1962: October Oxford, MS Uni of Mississippi1963: September 30. Oxford, MS Ole Miss Riot1963: July 11 Cambridge, MD Cambridge riot of 19631963: May 13 Birmingham, AL Bombings1964: July Brooklyn, NY1964: July 18 Harlem, NY Harlem Riot of 19641964: July 24-26 Rochester, NY Rochester riot1964: August Jersey City, NJ1964: August Paterson, NJ1964: August Elizabeth, NJ1964: August Chicago, IL1964: August 28 Philadelphia, PA Philadelphia 1964 race riot1965: March 7 Selma, AL Bloody Sunday1965: July Springfield, MA1965: August 11-17 Los Angeles, CA Watts Riot1966: July 18 Cleveland, Ohio Hough Riots1966: July 4 Omaha, NE1966: September Dayton, OH1966: September San Francisco, CA Hunter's Point1967: June Atlanta, GA1967: June 6 Boston, MA1967: June 11 Tampa, FL Tampa Riot1967: May 22 Houston, TX Texas Southern University Riot1967: July 22 Detroit, MI Detroit riot1967: June 26- July 1 Buffalo, NY Buffalo Riot1967: July 30 Milwaukee, WI Milwaukee Riot1967: July 21 Minneapolis, MN Minneapolis North Side Riots1967: July 12-17 Newark, NJ Newark riots1967: July 16 Plainfield, NJ Plainfield riots1967: July 24 Cambridge, MD Second Cambridge Race Riot1967: June 11-16 Cincinnati, OH Avondale Riot1967: July Newark, NJ1967: July Detroit, MI1967: Birmingham, AL1967: Chicago, IL1967: New Britain, CT1967 Rochester, NY1968: February 8 Orangeburg, SC Orangeburg massacre1968: April Nationwide riots Assassination of MLKList of incidents of civil unrest in the United States - Wikipedia

As already ably described in William Bransford‘s Answer to this Question, the complete transfer of a US military servicemember from one Service to another, without their consent, is going to be an extremely rare event.Under normal circumstances, and even under exceptionally abnormal circumstances. Let me return to those exceptions in just a bit.STATUTORY AND REGULATORY TRANSFER AUTHORITIESLet’s begin by reviewing the applicable statutes that govern such transfers:[1][1][1][1]10 U.S. Code § 716 - Commissioned officers: transfers among the armed forces, the National Oceanic and Atmospheric Administration, and the Public Health Service(a) Notwithstanding any other provision of law, the President, within authorized strengths and with the consent of the officer involved, may transfer any commissioned officer of a uniformed service from his uniformed service to, and appoint him in, another uniformed service. The Secretary of Defense, the Secretary of Homeland Security, the Secretary of Commerce, and the Secretary of Health and Human Services shall jointly establish, by regulations approved by the President, policies and procedures for such transfers and appointments.(b) An officer transferred under this section may not be assigned precedence or relative rank higher than that which he held on the day before the transfer.(Added Pub. L. 85–599, § 11(2), Aug. 6, 1958, 72 Stat. 521; amended Pub. L. 91–392, § 1, Sept. 1, 1970, 84 Stat. 834; Pub. L. 96–215, § 2(a), Mar. 25, 1980, 94 Stat. 123; Pub. L. 97–295, § 1(10), Oct. 12, 1982, 96 Stat. 1289; Pub. L. 98–94, title X, § 1007(a)(1), Sept. 24, 1983, 97 Stat. 661; Pub. L. 99–348, title III, § 304(a)(1), July 1, 1986, 100 Stat. 703; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)Notice in the first sentence the words “…with the consent of the officer involved…”This establishes, right there in law, that the President may not simply direct a transfer of a commissioned officer of one Service to another…unless the officer involved consents.In practice, the officer involves usually requests the transfer, initiating it by submitting a DD Form 368, “Request for Conditional Release” and forwarding it up the chain to their Service Secretary, who is the “losing” Service, and who must coordinate with the “gaining” Service to determine if the request will be approved. It may be approved or disapproved for a multitude of reasons.[2][2][2][2]The Secretary of Defense published uniform procedures for the interservice transfer of servicemembers under DoD Instruction 1300.4, INTER-SERVICE AND INTER-COMPONENT TRANSFERS OF SERVICE MEMBERS, which in par. 1.2c clearly states:[3][3][3][3]c. The commissioned officer, warrant officer, or enlisted member concerned must request or consent to the transfer.Notice, however, that this proscription is policy, not law. At least not those parts of the DoD policy concerning warrant officers and enlisted members. (And in this context, we are only discussing “uncommissioned” warrant officers, i.e., W-1, because W-2 through W-5 warrant officers are actually commissioned warrant officers, and thus fall under the statutory provisions of 10 USC 716, enacted in 1958 by the US Congress.)[4][4][4][4]So we have a statutory bar on involuntary transfer of commissioned officers (including commissioned warrant officers), but only a regulatory bar on the involuntary transfer of uncommissioned warrant officers and enlisted members, i.e., solely at the discretion of the Secretary of Defense.GENERAL EXCEPTIONS TO THE STATUTORY AND REGULATORY PROSCRIPTIONSTo be clear, there are many potential exceptions that swim around and through all of this. Let’s describe a few of them, to ensure we have common understanding of what we are actually talking about:Any reserve member may be involuntarily or voluntarily placed onto active duty, whilst remaining a reserve member of their Service.Any retired member may be involuntarily or voluntarily placed onto active duty, whilst remaining a retired member of their Service.A Regular (or Active Component) member may be involuntarily transferred to the reserve of their Service.Any Regular member may voluntarily (upon the completion or their active service obligations) transfer to the reserve of their Service.Any Regular or Reserve member may voluntarily request transfer to either the Regular or Reserve Component of any other Military Service, the Public Health Service, or the NOAA (the US Space Force and the NOAA having no reserve component at present) .Any reserve may voluntarily request to transfer amongst the various reserve categories or subcategories:Ready ReserveSelected Reserve,Individual Ready Reserve,Inactive National Guard.Standby ReserveActive Status List,Inactive Status List.Retired Reserve.Any Retired Regular enlisted member, or Retired Reserve officer or enlisted member, may voluntarily request to transfer from their retired status to the Ready Reserve, in which case they cease being “retired” for mobilization purposes, and become accountable under their Ready Reserve category, notwithstanding that if they were entitled to retired pay for any purpose it shall continue, provided it is reduced on a day for day basis for each day of inactive duty for training or active duty served as a member of the Ready Reserve.[5][6]Any Regular or Reserve member may be voluntarily or involuntarily retired to the appropriate retired list of their Service, either the Regular Retired List, or the Retired Reserve.Any Regular officer or enlisted member may as the result of certain administrative hearings (Boards of Inquiry, administrative separations, etc.) be involuntarily removed from active duty but transferred to the reserve component to fulfill required obligated service.Any Regular or Reserve officer may voluntarily request to “enlist or reenlist” into the Regular or Reserve component of their own, or any other Service.Certain Regular officers may voluntarily request to “revert” to their previous warrant officer or enlisted status.Certain Regular or Reserve officers may involuntarily have their temporary or probationary warrant or commission revoked, and be reverted to their previous warrant officer or enlisted status.A member of the National Guard (Army or Air) may voluntarily request transfer to the Reserve of the Army or Air Force, as applicable.A member of the National Guard who loses federal recognition of their state militia commission or appointment may be involuntarily discharged from their federal status into a purely state militia status, which may result in either reclassification or discharge from that state’s organized militia.A member of the National Guard who loses state militia status under a purely-state law or policy may be involuntarily transferred to the Reserve of the Army or Air Force if there are continued federal service obligations to fulfill.A member of the National Guard who retires (whether voluntarily or involuntarily) under a federal military retirement system is involuntarily transferred to the Retired Reserve of their federal military component, as the National Guard does not maintain federal retirees. (Although some states, e.g., CA, TX, SC, VA, etc., do maintain state militia “retired lists” under state laws, and some National Guardsmen may actually be eligible for a state pension under the laws of that state, notwithstanding their federal status…)TRANSFER OF DOD FUNCTIONS, POWERS, DUTIES — AND THE BUDGET AND CIVILIAN EMPLOYEES TO ACCOMPLISH SAMEAlso note that the President’s authority includes the wholesale movement of a “function, power, or duty…” within the DoD, and the budget and civilian employees required to perform that “function, power, or duty” are transferred lock, stock, and barrel as needed and determined by the Secretary of Defense.[7][7][7][7](b) When a function, power, or duty or an activity of a department or agency of the Department of Defense is transferred to another department or agency of that department, those civilian employees of the department or agency from which the transfer is made that the Secretary of Defense determines are needed to perform that function, power, or duty, or for that activity, as the case may be, may, with the approval of the President, be transferred to the department or agency to which that function, power, duty, or activity, as the case may be, is transferred.Notice that 10 U.S. Code § 126 - Transfer of funds and employees does not include authority to involuntarily transfer the military members (regular or reserve) who may be associated with those “functions, powers, duties.”And, for those who are still reading, the final stretch, as we examine the authorities of the President to transfer “functions, powers, and duties” that include military personnel:[8][8][8][8]10 U.S. Code § 125 - Functions, powers, and duties: transfer, reassignment, consolidation, or abolition(a) Subject to section 2 of the National Security Act of 1947 (50 U.S.C. 3002), the Secretary of Defense shall take appropriate action (including the transfer, reassignment, consolidation, or abolition of any function, power, or duty) to provide more effective, efficient, and economical administration and operation, and to eliminate duplication, in the Department of Defense. However, except as provided by subsections (b) and (c), a function, power, or duty vested in the Department of Defense, or an officer, official, or agency thereof, by law may not be substantially transferred, reassigned, consolidated, or abolished.(b)Notwithstanding subsection (a), if the President determines it to be necessary because of hostilities or an imminent threat of hostilities, any function, power, or duty vested by law in the Department of Defense, or an officer, official, or agency thereof, including one assigned to the Army, Navy, Air Force, or Marine Corps by section 7062(b), 8062, 8063, or 9062(c) of this title, may be transferred, reassigned, or consolidated. The transfer, reassignment, or consolidation remains in effect until the President determines that hostilities have terminated or that there is no longer an imminent threat of hostilities, as the case may be.(c)Notwithstanding subsection (a), the Secretary of Defense may assign or reassign the development and operational use of new weapons or weapons systems to one or more of the military departments or one or more of the armed forces.(Added Pub. L. 87–651, title II, § 201(a), Sept. 7, 1962, 76 Stat. 515; amended Pub. L. 89–501, title IV, § 401, July 13, 1966, 80 Stat. 278; Pub. L. 98–525, title XIV, § 1405(1), Oct. 19, 1984, 98 Stat. 2621; Pub. L. 99–433, title I, § 103, title III, § 301(b)(1), title V, § 514(c)(1), Oct. 1, 1986, 100 Stat. 996, 1022, 1055; Pub. L. 101–510, div. A, title XIII, § 1301(3), Nov. 5, 1990, 104 Stat. 1668; Pub. L. 113–291, div. A, title X, § 1071(c)(1), Dec. 19, 2014, 128 Stat. 3508; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)Here we have the true crux of the problem: 10 USC 125, a statute passed into law in 1962 by the US Congress, permits the President — when he “…determines it to be necessary because of hostilities or an imminent threat of hostilities…” — to:transfer, reassign, or consolidate,“any functions, powers, and duties,” and/or“…an officer, official, or agency thereof, including one assigned to the Army, Navy, Air Force, or Marine Corps by section 7062(b), 8062, 8063, or 9062(c) of this title…until the President determines that hostilities have terminated or that there is no longer an imminent threat of hostilities, as the case may be.”OR,“…assign or reassign the development and operational use of new weapons or weapons systems to one or more of the military departments or one or more of the armed forces.”This statute permits the President to effectively — at least in a time of hostilities or imminent threat of hostilities — transfer or consolidate those necessary functions, powers, and duties, including entire R&D and operational use of weapons systems, as needed within the Department of Defense’s various agencies, departments, etc.But wait, didn’t we examine an earlier statute, and a regulation, that prevented the transfer of military personnel (commissioned officer/warrant officer/enlisted), from involuntary transfers between Services? Why yes, we did.Recall that 10 USC 716 specifically prohibited the involuntary transfer of commissioned officers, and punctuated that with the use of “notwithstanding any other provision of law…”And DoD Instruction 1300.4, INTER-SERVICE AND INTER-COMPONENT TRANSFERS OF SERVICE MEMBERS, used Secretarial authority to extend the involuntary transfer of military personnel between Services to uncommissioned warrant officers and enlisted members.So, among these three authorities, 10 USC 125, 10 USC 716, and DoDI 1300.4, which one controls?Not being a lawyer, I’ll use the simplest method, and perhaps still hit the target based on the simplest bits of rules of statutory construction:A statute overrides a regulation, so DoDI 1300.4 is pinned to the mat and tossed out of the ring first.DODI 1300.4’s regulatory features were the only policy controlling the interservice reassignment, involuntarily, of uncommissioned warrant officers and enlisted members, who fall solely under the regulatory authority of the President and Departmental Secretary.Essentially, they lack statutory protections of the sort explicitly granted by Congress to commissioned officers, and as such could — in theory — be reassigned or transferred as necessary to make the best use of their talents and skills. (Chalk that up to the centuries-old importance of an actual commission and delegation of sovereignty to commissioned officers, as opposed to any other form of public service…even civil service commissioned officers are honored with a commission scroll from the Department of State.)This means that such members could be reassigned at any time, if the President and Secretaries involved wished to involve themselves in what would end up — most likely — being a big brouhaha and a political problem for Congress…which might pass a law to prohibit such transfers, which the President might veto, which might or might not be overridden, etc…Not to mention judicial review down the road.Of the two statutes, one must control, right? But which one?10 USC 716 is a general prohibition…it purports to defeat the involuntary inter-service transfer of commissioned officers at any time, any place, and even uses “notwithstanding” to make the exclamation point.But, it was enacted in 1958, and a specific, more narrowly tailored statute, 10 USC 125, was enacted in 1962…providing the President with apparently plenary authority to “transfer, reassign, or consolidate” … “any functions, powers, or duties” of any “officer, official, or agency” … including entire weapon systems (and the budget and civilian employees as provided in 10 USC 126). Provided there was a period of “hostilities” or “imminent hostilities.”As the two statutes duke it out in the ring, seeking an opening to control their opponent, the more narrowly targeted statute, also having the advantage of youth, gains the advantage, and delivers the knockout blow…10 USC 125 prevails! (Stealing the exclamatory from 10 USC 716, which doesn’t need it any more…)[9]CONCLUSION: having reviewed the statutory and regulatory authorities prohibiting, and allowing, the involuntary transfer of military members from one Service to another, we saw that — normally — a law protects commissioned officers, and DoD policy uses a regulation to protect not only the commissioned but also the uncommissioned warrant officers, and enlisted members, from such happenstance.But…upon further review, we found that Congress has granted the President the extraordinary power, under conditions of “hostilities or imminent hostilities,” to “transfer, reassign, or consolidate … any functions, powers, or duties” of any “officer, official, or agency” … including entire weapon systems. At least within the DoD’s various agencies and departments.With this extraordinary power comes the extraordinary power to involuntarily transfer any military members — including the commissioned officers who normally are protected by another statute — should the President require it, from one Service to another to effect the “…more effective, efficient, and economical administration and operation, and to eliminate duplication…” of DoD “functions, powers, and duties.”While it has long been the custom to avoid involuntary transfers amongst the Services, whether officers or enlisted, we see that it is, indeed, possible, under various circumstances.Should the President wish to go there…Footnotes[1] 10 U.S. Code § 716 - Commissioned officers: transfers among the armed forces, the National Oceanic and Atmospheric Administration, and the Public Health Service[1] 10 U.S. Code § 716 - Commissioned officers: transfers among the armed forces, the National Oceanic and Atmospheric Administration, and the Public Health Service[1] 10 U.S. Code § 716 - Commissioned officers: transfers among the armed forces, the National Oceanic and Atmospheric Administration, and the Public Health Service[1] 10 U.S. Code § 716 - Commissioned officers: transfers among the armed forces, the National Oceanic and Atmospheric Administration, and the Public Health Service[2] https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/130004_dodi_2017.pdf, p. 9[2] https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/130004_dodi_2017.pdf, p. 9[2] https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/130004_dodi_2017.pdf, p. 9[2] https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/130004_dodi_2017.pdf, p. 9[3] https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/130004_dodi_2017.pdf, p. 3[3] https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/130004_dodi_2017.pdf, p. 3[3] https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/130004_dodi_2017.pdf, p. 3[3] https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/130004_dodi_2017.pdf, p. 3[4] 10 U.S. Code § 571 - Warrant officers: grades[4] 10 U.S. Code § 571 - Warrant officers: grades[4] 10 U.S. Code § 571 - Warrant officers: grades[4] 10 U.S. Code § 571 - Warrant officers: grades[5] 10 U.S. Code § 10145 - Ready Reserve: placement in[6] 38 U.S. Code § 5305 - Waiver of retired pay[7] 10 U.S. Code § 126 - Transfer of funds and employees[7] 10 U.S. Code § 126 - Transfer of funds and employees[7] 10 U.S. Code § 126 - Transfer of funds and employees[7] 10 U.S. Code § 126 - Transfer of funds and employees[8] 10 U.S. Code § 125 - Functions, powers, and duties: transfer, reassignment, consolidation, or abolition[8] 10 U.S. Code § 125 - Functions, powers, and duties: transfer, reassignment, consolidation, or abolition[8] 10 U.S. Code § 125 - Functions, powers, and duties: transfer, reassignment, consolidation, or abolition[8] 10 U.S. Code § 125 - Functions, powers, and duties: transfer, reassignment, consolidation, or abolition[9] Statutory Construction: Severing Statutes and Resolving Conflicts