agreement required him to pay substantial arbitration costs. In reviewing his claim and the agreement at issue, the Alaska court agreed with the employee, finding that arbitration may be required only if the employer agrees to pay the arbitration costs. Despite this decision, the trend still favors arbitration of disputes over litigation of such disputes within the court system. FURTHER READINGS Carbonneau, Thomas E. 2009. Arbitration in a Nutshell. 2d Ed. St. Paul, Minn.: West. Coltri, Laurie S. 2010. Alternative Dispute Resolution: A Conflict Diagnosis Approach. Boston: Prentice Hall. Crowley, Thomas. 1994. “The Art of Arbitration Advocacy.” Hawaii Bar Journal (September). Culiner, Helen. 1994. “Practical Guidelines for Lawyers Representing Clients in Arbitration Proceedings To- day.” Dispute Resolution Journal (September). Deye, James, and Lesly Britton. 1994. “Arbitration by the American Arbitration Association.” North Dakota Law Review. Nolan-Haley, Jacqueline M. 2008. Alternative Dispute Resolution in a Nutshell. 3d ed. St. Paul: West Wads- worth. Silverman, Peter 2009. “A Client’s Guide to Mediation and Arbitration.” American Bar Association (February). Ware, Stephen J. 2001. Alternative Dispute Resolution. St. Paul: West Wadsworth. CROSS REFERENCE Alternative Dispute Resolution. ARCHITECT A person who prepares the plan and design of a building or other structure and sometimes super- vises its construction. A landscape architect is responsible for the arrangement of scenery over a tract of land for natural or aesthetic purposes in order to enhance or preserve the property. Regulation The practice of planning and designing a building requires the application of specialized skill and knowledge. Because the product of an architect’s work is used by members of the general public, the legislature of a state may regulate the practice of those engaged in the profession. Regulatory statutes designed to protect public health and safety are created under the inherent authority of a state to protect the welfare of its citizens. As a general rule, regulatory statutes are valid, provided they are not unreasonable. Statutes requiring that architec ts must be registered and licensed are based on PUBLIC POLICY aimed at protecting citizens from un- qualified practitioners. In many states, statutes call for the revocation of a license for such conduct as fraud, dishonesty, recklessness, incompetence, or MISREPRESENTATION when an architect acts in his or her professional capacity. The power to revoke a license is commonly given by the legislature to a state board of architects who must act in a manner prescribed by statute. Generally, an architect is entitled to notice and a hearing when the board seeks to revoke his or her license. The architect can appeal a revocation. Qualifications Statutes setting forth the requirements for obtaining a license or registration generally require that the applicants be of LEGAL AGE and of good moral character, have completed a certain course of study, and have a certain amount of practical experience. Many states have an additional requirement that applicants must pass an examination. A legislature may provi de that certain persons who have practiced architec- ture for a period of time prior to legislation requiring an examination may register as archi- tects without an examination. Such a statutory provision is called a GRANDFATHER CLAUSE. Persons who present themselves to the public as architects must comply with the statutory registration and licensing require- ments. The failure to do so is unlawful. In most states, persons who falsely hold themselves out as licensed architects are guilty of a misdemeanor, and contracts rendered by them with others are void and unenforceable. Employment The terms and conditions of an architect’s employment are designated in a contract and are governed by general rules of contract law. Ordinarily, the person who employs the archi- tect becomes the owner of the plans, unless the employment contract states otherwise. Custom- arily, the architect retains the plans after they have been paid for and the builder may possess and use them while constructing the building. Authority and Powers The power and authority of architects are determined by general rules of agency law. In most cases, unless the employment contract states otherwise, architects are held to be agents with limited authority. An employer is liable for GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 348 ARCHITECT acts of an architect when they are within the scope of the architect’s agency, although the contracting parties may further restrict the powers if they so desire. Architects have a duty to exercise their personal skill and judgment in the performance of their work, and they may not delegate this duty without express authority to do so. They may, however, delegate responsibility to subordinates while performing their duties as agents. A supervising architect does not have implied authority to perform work that has been assigned to a contractor or to employ or discharge workers. The supervising architect does, however, have authority to make decisions concerning proper workmanship, fitness of materials, and the manner of work. Duties and Liabilities Although the duties of architects generally depend on what is designated in the employ- ment contract, some duties are carried out as a matter of custom, such as the duty to supervise construction. Architects are in a fiduciary relationship with their employers, and as such they must exercise GOOD FAITH and loyalty toward them. As professionals, they are held to a standard of reasonable and ordinary care and skill in applying their knowledge and must conform to accepted architectural practices. The failure to exercise reasonable care and skill can result in liability for damages and the loss of the right to recover compensation for their services. Compensation Architects have a right to compensation for their services unless there is an agreement that they shall work gratuitously. To be entitled to compensation, they must carry out their contract with reasonable skill and care and without any substantial omissions or imperfec- tions in performance. The employment contract usually fixes the amount of compensation. A standard payment scale created by the American Institute of Architects is customarily used to determine the amount of compensation. In the event that an architect is refused payment for services, he or she may sue for the amount of compensation agreed upon in the employment contract or, in the absence of an agreement, for the reasonable value of the services under the theory of QUANTUM MERUIT. ARCHITECT OF THE CAPITOL Established as a permanent office in 1876 (40 U.S.C.A. §§ 162, 163), the architect of the capitol oversees the mechanical and structural mainte- nance of the Capitol, the conservation and care of works of art in the building, the upkeep and improvement of the Capitol grounds, and the arrangement of inaugural and other ceremonies held in the building or on the grounds. In addition, the architect is responsible for the upkeep of all the congressional offi ce buildings, the LIBRARY OF CONGRESS buildings, the U.S. Supreme Court building, the Federal Judiciary Building, the Capitol Power Plant, the Capitol Police headquarters, and the Robert A. Taft Memorial. The architect also serves as the acting director of the U.S. Botanic Garden. The functions of the architect have become increasingly administrative, and the architectur- al or engineering dimensions less important. Special projects carried out by the architect include building renovation and restoration, including installation of broadcasting and security equipment in the Capitol. Before 1989 the position of architect of the capitol was filled for an indefinite term by presidential appointment. Legislation enacted in 1989 (Pub. L. No. 101-163, 103 Stat. 1068 [codified at 40 U.S.C.A. § 162–1]) provided that the architect be appointed for a ten-year term by the president, with the ADVICE AND CONSENT of the Senate, from a list of three candidates recommended by a congressional commission. Upon confirmation by the Senate, the architect becomes an official of the legislative branch as an officer and agent of Congress and is eligible for reappointment after completion of a term. FURTHER READINGS Aikman, Lonnelle M.1991.We, the People: The Story of the United States Capitol, Its Past and Its Promise. Washington, D.C.: U.S. Capitol Historical Society. The Architect of the Capitol Web site. Available online at http://www.aoc.gov/ (accessed August 28, 2009). U.S. Government Printing Office Web site. Available online at http://www.gpoaccess.gov/gmanual; website home page: http://www.gpoaccess.gov/ (accessed July 4, 2009). ARCHITECTURAL BARRIERS ACT OF 1968 See DISABILITY DISCRIMINATION. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ARCHITECTURAL BARRIERS ACT OF 1968 349 ARCTIC, LEGAL STATUS OF Establishment of territorial SOVEREIGNTY over portions of the Arctic and its seabed has become increasingly attractive to many nations for military purposes or as a source of minerals. Under INTERNATIONAL LAW, national claims of sovereignty over the Arctic traditionally were recognized only if accompanied by physical occupation. Consequently, two competing theo- ries developed: (1) that no nation could achieve sovereignty over the Arctic (res nullius), and (2) that every nation shared in undivided sovereignty over the area (res communes). According to international law, sovereignty is considered to be a derivative of the exercise of government functions and of notoriety over new territory. Therefore, national claims of sovereignty over portions of the Arctic that are supported by such governmental activity have become more plausi- ble. Many such claims have rested on the sector principle, a version of the doctrine of contiguity, to define the area included in the claim. The sector principle traces longitudinal parallels from borders of countries adjacent to the Arctic Circle to the North Pole, assigning the sectors so formed to the neighboring nations. Claims resting solely on the sector principle have been denied legal force by many nations, including the United States, and it appears that only those claims of sovereignty accompanied by govern- ment control may be eventually accepted under international law. CROSS REFERENCES Boundaries; Territory. ARGUENDO In the course of the argument. When the phrase in arguendo is used by a judge during the course of a trial, it indicates that his or her comment is made as a matter of argument or illustration only. The statement does not bear directly upon the remainder of the discussion. ARGUMENT A form of expression consisting of a coherent set of reasons presenting or supporting a point of view; a series of reasons given for or against a matter under discussion that is intended to convince or persuade the listener. For example, an argument by counsel consists of a presentation of the facts or evidence and the inferences that may be drawn therefrom, which are aimed at persuading a judge or jury to render a VERDICT in favor of the attorney’s client. An attorney may begin to develop an argument in the OPENING STATEMENT, the initial discussion of the case in which the facts and the pertinent law are stated. In most cases, however, an attorney sets forth the main points of an argument in the CLOSING ARGUMENT, which is the attorney’s final opportunity to comment on the case before a judge or jury retires to begin deliberation on a verdict. ARGUMENTATIVE Controversial; subject to argument. PLEADING, in which a point relied upon is not set out, but merely implied, is often labeled argumentative. Pleading that contains argu- ments that should be saved for trial, in addition to allegations establishing a CAUSE OF ACTION or defense, is also called argumentative. v ARISTOTLE Aristotle was born in 384 B.C., in Stagira, Greece. He achieved prominence as an eminent philos- opher who greatly influenced the basic princi- ples of philosophy and whose ideologies are still practiced in the early 2000. Aristotle 384–322 B.C. ❖ ❖ ◆ ◆ ◆ 428 Birth of Plato 384 Born, Stagira, Greece ◆ 368–348 Studied under Plato at the Academy 343–340 Tutor to young Alexander 336 Reign of Alexander the Great, King of Macedonia, began 348 Death of Plato 322 Died, Chalcis, Greece 323 Alexander the Great died 335 Established Peripatetic (school) in the Lyceum ▼▼ ▼▼ 450 B.C.450 B.C. 400400 375375 350350 325325 B.C. 300B.C. 300 425425 ◆ GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 350 ARCTIC, LEGAL STATUS OF Aristotle was a student of the renowned philosopher Plato and tutored Alexander the Great, who became King of Macedonia in 336 B.C. Aristotle established his own school in the Lyceum, near Athens, in 335 B.C. He often lectured his students in the portico, or walking place, of the Lyceum. The school was subse- quently called Peripatetic, after the Greek word peripatos for “walking place.” In 323 B.C. the reign of Alexander ended with his death, and Aristotle sought refu ge at Chalcis. Aristotle formulated numerous beliefs about the reasoning power of humans and the essence of being. He stressed the importance of nature and instructed his pupils to closely study natural phenomena. When teaching science, he believed that all ideas must be supported by explanations based upon facts. Concerning the realm of politics, Aristotle propounded that humans are inherently politi- cal and demonstrate an essential part of their humanity when participating in civic affairs. Philosophy was a subject of great interest to Aristotle, and he theorized that philosophy was the foundation of the ability to understand the basic axioms that comprise knowledge. In order to study and question completely, Aristotle viewed logic as the basic means of reasoning. To think logically, one had to apply the syllogism, which was a form of thought comprised of two premises that led to a conclusion; Aristotle taught that this form can be applied to all logical reasoning. To understand reality, Aristotle theorized that it must be categorized as substance, quality, quantity, relation, determination in time and space, action, passion or passivity, position, and condition. To know and understand the reality of an object required an explanation of its material cause, which is why it exists or its composition; its formal cause, or its design; its EFFICIENT CAUSE,orits creator; and its final cause, or its reason for being. Aristotle agreed with his mentor, Plato, concerning the field of ethics. The goodness of a being depended upon the extent to which that being achieved its highest potential. For humans, the ultimate good is the continual use and development of their reasoning powers to fullest capacity. To effect fulfillment and contentment, humans must follow a life of contemplation, rather than pleasure. The fundamental source of Aristotle’s theo- ries were his lectures to his students, which were compiled into several volumes. They include Organum, which discusses logic; Physics; Meta- physics; De Anima, concerning the soul; Rheto- ric; Politics; Nichomachean Ethics and Eudemian Ethics, involving principles of conduct; and De Poetica, or poetics. He also wrote Constitution of Athens, a description of the foundations of the govern- ment of Athens. The work was discovered in the late nineteenth century. Aristotle died in 322 B.C., in Chalcis, Greece. ARMED SERVICES The Constitution authorizes Congress to raise, support, and regulate armed services for the national defense. The PRESIDENT OF THE UNITED STATES is commander in chief of all the branches of the services and has ultimate control over most military matters. The United States has always been wary of maintaining a strong military force. This concern was shown by the Framers of the Constitution when they finally allowed the creation of a standing army but at the same time limited the process by which money could Aristotle. LIBRARY OF CONGRESS MAN IS BY NATURE A POLITICAL ANIMAL . —ARISTOTLE GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ARMED SERVICES 351 be raised to support the military; they required that Congress review the appropriations every two years. In this way, the Framers ensured that members of each new Congress had the opportunity to address their lingering concerns about domestic tyranny with a fresh perspective. Furthermore, the Framers ensured that the states could maintain their own militias and protect themselves from federal military domi- nation, by recognizing “the right of the people to keep and bear Arms” (U.S. Const. amend. 2). The various branches of the armed services were created at different times to serve different purposes. The earliest branch was the Army, instituted on July 14, 1775, followed closely by the Navy and the Marine Corps in the same year. All three were established to respond to the needs of the revolutionary forces fighting the British. The Navy and the Marine Corps were disbanded after the Revolutionary War but were reestablished in 1798. The Coast Guard traces its origins to 1790 but was officially created in 1915. Finally, the Air Force had its genesis in the Signal Corps of the Army and was formally established as the Army Air Service in 1920. Military personnel are governed by a set of laws that is separate from and independent of CIVIL LAW. The UNIFORM CODE OF MILITARY JUSTICE (10 U.S.C.A. § 801 et seq.) outlines the basic laws and procedures governing members of the armed services. MILITARY LAW is mainly con- cerned with maintaining order and disc ipline within the ranks. It is unrelated to MARTIAL LAW, which is the temporary imposition of military rule during a national or regional crisis. Off- enses committed by members of the armed services are tried by a COURT-MARTIAL, a special tribunal created specifically to hear a military case and then disband ed once judgment and punishment are pronounced. The constitutionality of the military legal system has been challenged several times without success. In 1994 the Supreme Court reaffirmed the constitutionality of the system with a unanimous decision in Weiss v. United States, 510 U.S. 163, 114 S. Ct. 752, 127 L. Ed. 2d 1. At issue were the selection process and tenure of military judges, who are chosen by their branch’s JUDGE ADVOCATE general. The plaintiffs claimed that because the judges could be removed at any time by the judge advocate general, they were biased toward the prosecution and could not be impartial. The Court held that sufficient safeguards were in place to protect against improper influence by the judge advocate general and that the defendants’ FIFTH AMENDMENT due process rights had not been violated. Major Events Affecting Armed Services End of the Cold War With the breakup of the Soviet Union and the end of the COLD WAR,the U.S. government began the politically charged task of reducing military budgets and closing or -shrinking unnecessary military installations. The Defense Base Closure and Realignment Act (10 U.S.C.A. § 2687), passed by Congress in 1990, set off a firestorm of controversy over which bases should be closed and whether the country’s military readiness was being compro- mised. The act created a presidential commis- sion to decide which bases to close based on Pentagon recommendations. The commission’s decisions are sent to the president, who accepts or rejects them in their entirety. If accepted, the recommendations are sent to Congress, which can only block the closings if both houses pass a resolution of disapproval within 45 days. Commissions meeting in 1988 , 1991, and 1993 decided to close a total of 70 major installatio ns. The base closures came under immediate fire as senators and representatives tried to ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. Military Personnel on Active Duty, 1970 to 2007 Number of personnel, in millions 1970 1980 1990 2000 2007 4.0 3.5 3.0 2.5 2.0 1.5 1.0 0.5 0.0 SOURCE: U.S. Department of Defense, DefenseLINK and Personnel and Procurement Statistics. 3.065 2.051 2.046 1.384 1.380 Year GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 352 ARMED SERVICES prevent bases in their home states or districts from being shut down. One group of elected officials, including the four senators from Pennsylvania and New Jersey, brought suit in federal court to challenge the procedures under the Defense Base Closure and Realignment Act and to block the closing of the Philadelphia Naval Shipyard, one of the region’s biggest employers. The case never went to trial. Instead, the U. S. Supreme Court agreed to hear the Clinton administration’s appeal on the question of whether the suit could be brought at all. The Court held that the government’s choice of which bases to close under the act could not be challenged in federal court (Dalton v. Specter, 511 U.S. 462, 114 S. Ct. 1719, 128 L. Ed. 2d 497 [1994]). At about the same time the Dalton decision was announced, the DEFENSE DEPARTMENT,con- cerned about the effect of base closings on surrounding communities, began planning to postpone the final round of shutdowns sched- uled to follow the commission’s 1995 meeting. A senior Pentagon official defended the delays, saying, “As the defense budget goes down and we close bases, the issue now is the pace of closures so people and communities can adjust.” Some critics claimed that the delays were a political move designed to take pressure off the president and Congress until after the 1996 election. The issue of cost and the shrinking military budget loomed large in the debate. The purpose of closing the bases was to eliminate unneces- sary costs, but the process of preparing a base for nonmilitary use was itself expensive. Mili- tary bases are exempt from federal environmen- tal regulations, but when they are converted to private use, all the stockp iled weaponry and toxic waste must be disposed of in order to avoid liability. The government had set aside $3 billion per year to cover environmental cleanup plus construction and repair of buildings and roads. Still, the projected savings by the end of the 1990s was $4.6 billion per year. Foreign Policy after September 11 Terrorist Attacks The SEPTEMBER 11TH ATTACKS perpetrat- ed on the United States in 2001 required the country to reevaluate its military policies. President GEORGE W. BUSH announced immedi- ately that the U.S. would wage an unprecedent- ed WAR ON TERRORISM and focused his attention initially on the Taliban regime of Afghanistan for allegedly harboring Osama bin Laden, who led the terrorist organization al Qaida. Within months, the military began an aggressive operation in Afghanistan, which led quickly to the dismantling of the Taliban regime. Following the fall of the Taliban, the United States quickly turned its attention to Iraq. On March 19, 2003, Operation Iraqi Freedom began, leading to the collapse of the regime of Saddam Hussein only weeks later. The United States captured Baghdad on April 9, 2003. Despite the early success, the IRAQ WAR contin- ued for the remainder of the decade. The United States maintained a presence in Iraq, keeping between 100,000 and 200,000 troops in the country from 2003 through 2009. During that time, an estimated 4,296 U.S. troops were killed, while 31,102 were wounded. Military operations against terrorist groups differ from those against foreign nations because the terrorist groups are, by their nature, mobile “armies.” The United States has focused much of its attention on the use of military intelligence, as well as intelligence from such civil agencies as the CENTRAL INTELLIGENCE AGENCY. Accordingly, much of the deployment of mili- tary personnel in this war was covert in specific regions. Military spending steadily increased under the Bush administration. In 2001 total military spending was $307.8 billion. By 2006 this number had increased to $535.9 billio n, not including expenditures authorized specifically for the Iraq War. Although spending increased during the 2000s, military personnel numbers remained steady. As of December 31, 2002, the Members of the Army, one of the branches of the armed services, train for urban warfare before the invasion of Iraq in March 2003. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION ARMED SERVICES 353 military had a total of 1.411 million personnel. As of December 31, 2008, the number of personnel was 1.402 million. Legal and Political Issues Military Ban on Gay and Lesbian Behavior One controversial and divisive issue facing the military is the inclusion of gay and lesbian personnel. For more than 50 years, the U.S. armedservicesprohibitedgaymenandlesbians from serving in the military. In the past, members who disclosed that they were gay or lesbian were subject to immediate discharge. That policy was challenged in several prominent The Branches of the Armed Services T B he five branches of the U.S. armed services are staffed by volunteer enlisted men and women who hold various ranks. Military personnel are no longer conscripted, or drafted, into service. Army The Army was the first branch of the armed services established by Congress. The U.S. Army evolved from the Continental Army, created on July 14, 1775, by the Continental Congress to fight the Revolution- ary War against the British. The three segments of the Army are the Army Reserve, the Army National Guard , and the Active Army. The Army Reserve provides training and combat support t o the Active Army in times of emergency. The Army National Guard, the oldest military forc e in the United States, began in the Massachusetts Bay Colony in 1636. During peace- time, the National Guard unit in each state is commanded by the state governor. The National Guard often assists in natural disasters, such as earthquakes or floods, or in civil unrest, such as riots. The president has the authority to call the Guard to federal duty when necessary. For example, President Dwight D. Eisenhower fede ralized the Arkansas National Guard in 1957 and assigned them to control angry mobs protesting the enro llment of African American students in a previously segregated Little Rock high school. Simi larl y, President George H.W. Bush assigned Guard units to duty with the Active Army during the Persian Gulf War of 1991. The Army’s many responsibilities include com- bat, combat support, and combat service support arms. The comb at arms, including the infantry, armored divisions, air defense artillery, field artil- lery, and aviation, are directly i nvolved in fighting. The combat support arms include the Corps of Engineers, the Signal Corps, the Military Police Corps, the Chemical Corps, and military intelligence. The combat s ervice support arms provide logistical and administrative assistance to the other arms. Women were originally restricted to the Women’s Army Corps (WAC) but now serve alongside men in almost all capacities. Their roles have been gradually expanded, and they now serve in combat units, which gives them equal opportunities with men for higher pay and advancement in rank. The U.S. Military Academy, the oldest of the service academies, was established at West Point, New York, in 1802. It was originally charged with training army engineers, but evolved into the training ground for those wishing to become officers in the Army. West Point has been coeducational since 1976. Navy The Navy traces its origins to 1775 and the American Revolution. A fleet established to fight the Bri tish was disbanded after the war, b ut the need for a naval force was again recognized in 1798, when Congress established the N avy Depart- ment. The Navy was a separate branch of the government until the National Security Act of 1947 (5 U.S.C.A. § 101 et seq., 10 U.S.C.A. § 101 et seq., 50 U.S.C.A. § 401 et seq.) created the Department of Defense with a cabinet-level secretary to oversee all branches of the mi litary. The Navy’s forces are grouped into various fleets that se rve in different areas of the world. Traditionally, odd-numbered fleets, such as the Third and Seventh Fleets, have served in the Pacifi c Ocean. Even-numbered fleets, such as the Second and Sixth Fleets, have served in the Atlantic Ocean. Over the years, U.S. Navy fleets have been disestablished (removed from service) and recon- stituted (restored to servi ce) as the distri bution of military power throughout the world has changed. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 354 ARMED SERVICES cases during the late 1980s and early 1990s, and the Clinton administration addressed the issue with a new approach that ultimately led to more confusion and controversy. The federal courts tackled the question of whether the military’s automatic ouster of gay or lesbian personnel is constitutional, in Meinhold v. United States DEPARTMENT OF DEFENSE, 34 F.3d 1469 (9th Cir. 1994). The PLAINTIFF, Petty Officer Keith Meinhold of the Navy, annou nced on a national television broadcast in May 1992 that he is gay. As a result, discharge proceedings were begun against him. Meinhold was dismissed solely on the basis of his televised statement. He sued the A naval reserve force is made up of civilians who t rain regularly and stand ready to be called in times of need. Although women originally could only join the Women Accepted for Voluntary Emergency Service (WAVES), they now serve alongside men, drawing equal pay and attaining equivalent rank. The Nava l Academy, at Annapolis, Maryland, wasestablishedin1845totrainyoungmentobe officers in the Navy and the Marine Corps. Women have been admitted since 1976. Air Force The Aeronautical Division of the Army Signal Corps, the precursor to the U.S. Air Force, was established on Au gust 1, 1907. The First Aero Squadron was organized in 1914 and served with the Mexican Border Expedition in 1916. The Air Force remained a division of the Army until 1947. The Air Force is responsible for domestic security in such areas as the Strategic Air Command (SAC), which plays a major role in deterring air and missile attacks as well as conducting space surveillance. Other responsibili- ties of the Air Force include maintaining a combat- ready mobile strike force and operating air bases in key areas around the world. The Air Force’s chief of staff, along with the chiefs of staff of the Army and the Navy, is a member of the Joint Chiefs of Staff, which advises the president and the secretary of defense. The Air Force Academy, authorized in 1954 and located in Colorado Springs, Colorado, prepares college students to become officers in the Air Force. Womenwereadmittedbeginningin1976. Marine Corps Steeped in history, tradition, and folklore, the Marine Corps, a self-contained amphibious comb at force within the Department of the Navy, trace s its roots to the Revolutionary War. During its two hundred-year history, the U.S. Marines has fulfilled its obligation to provide air, land, and sea support for naval forces, establish beachheads during war, and protect U.S. lives and interests at foreign embassies an d legations. The Marines maintai n a large reserve unit, which, when mobilized in times of crisis, can increase the corps strength by 25 percent within weeks. The Marine Corps Women ’s Reserve, estab- lished in 1942, provides support in the mainland United States and in Hawaii so that men are available for combat. Marine Corps officers are traine d mainly at the U.S. Naval Academy, at Annapolis. Coast Guard The U.S. Coast Guard was first e stablished in 1790 as the U.S. Lighthouse Service under the Depart- ment of the Treasury. It later moved to the Department of Transportatio n, where it remained for 36 years. On February 25, 2003, the Coast Guard officially transferred to the Department of Homeland Security, where it comprises about one-fourth of the new department. The move was part of the largest government reorganization since the Defense De- partment was established in 1947. The Coast Guard is charged with guarding the country’s coasts against smuggling, enforcing customs laws, and responding to emergencies along the coasts. The move to the Department of Homeland Security did not change the Coast Guard’s m ission significantly, although it is now responsible for securing the nation’s ports and has been prepared to be involved with international conflicts in the war on terrorism. The Coast Guard provides officer training for college students at the Coast Guard Academy, at New London, Connecticut, which began a dmitting women in 1976. CROSS REFERENCES Homeland Security Department; Military Law. B GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ARMED SERVICES 355 Navy and the Department of Defense, claiming that their policy was unconstitutional. The district court agreed, holding that the Navy’s actions denied gay men and lesbians EQUAL PROTECTION under the law. In August 1994 the Court of Appeals for the Ninth Circuit agreed that Meinhold could not be discharged merely for stating that he was gay. However, the appeals court disagreed with the district court’s finding that the military’s policy was unconstitutional and instead found that by discharging Meinhold because of his status as gay and not because of any actions on his part, the Navy was equating status with prohibited conduct. The court conceded that the Navy could legally discharge someone who manifested a “fixed or expressed desire to commit a prohibited act,” such as engaging in gay sex but found that Meinhold had not manifested any such desire and, therefore, must be reinstated. In November 1994 the Clinton administration announced it was dropping its efforts to bar Meinhold from serving and would not appeal the Ninth Circuit’s ruling. Another challenge to the military ban on gays and lesbians occurred in Steffan v. Aspin, 8 F.3d 57 (D.C. Cir. 1993). The plaintiff, Joseph Steffan, admitted to being gay just six weeks before his expected graduation from the U.S. Naval Academy, at Annapolis, Maryland, in 1987. Steffan was one of the top ten students in his class. He had consistently received outstand- ing marks for leadership and military perfor- mance. In his junior year he was named a battalion commander in charge of one-sixth of the academy’s 4,500 students. After Steffan acknowledged his homosexuality to a classmate and a chaplain, he was brought before a dis- ciplinary board that recommended he be dis- charged. Rather than face dismissal, he resigned. Sometime later, he asked to be reinstated. His request was denied, and he then sued for reinstatement to his commission, claiming that he was forced to resign because of his status as a gay, not because of any conduct—in violation of the Constitution’s equal protection guarantee. The district court granted SUMMARY JUDGMENT for the government (Steffan v. Cheney, 780 F. Supp. 1 [D.D.C. 1991]). A three-judge panel for the court of appeals reversed, stating that the dismissal policy had no rational basis and that it violated the Equal Protection Clause of the Fifth Amendment. The appeals court ordered the academy to award Steffan his diploma and reinstate him to his commission. The government petitioned the court for a rehearing on whether the three-judge panel had exceeded its authority. The full court of appeals vacated the decision of the panel and ordered a rehearing before the full court on the constitu- tionality question. In November 1994, the full court reversed the decision of the three-judge panel and held that Steffan’s dismissal did not violate the Constitution. The court said that the Navy’s ban on homosexuals, like its height or eyesight requirements, did have a rational basis. The court also dismissed Steffan’s argument that the ban punished status rather than conduct. Judge Laurence H. Silberman, writing for the majority, said, “Steffan’s claim that the Government cannot rationally infer that one who states he or she is gay or lesbian is a practicing homosexual, or is at least likely to engage in homosexual acts, is so strained a constitutional argument as to amount to a basic attack on the policy itself” (Steffan v. Perry, 41 F.3d 677, 693 [D.C. Cir. 1994]). In an impas- sioned dissent, Judge PATRICIA M. WALD wrote, “In years to come, we will look back with dismay at these uncon stitutional attempts to enforce silence upon individuals of homosexual orien- tation, in the military and out. Pragmatism should not be allowed to trump principle, or the soul of a nation will wither” (41 F.3d 677, 721). In January 1995 Steffan announced that for tactical reasons he would not appeal the decision to the Supreme Court. Steffan’s case was brought under the old policy, and he and his attorneys felt that the best case to have the Supreme Court address was one involving the new policy, which they believed was more vulnerable to constitu- tional attack. After his discharge from the naval academy, Steffan became a lawyer. The case of Colonel Margarethe Cammer- meyer further clouded official policy on homo- sexuals in the military (Cammermeyer v. Aspin, 850 F. Supp. 910 [W.D. Wash. 1994]). Cam- mermeyer was dismissed from the Washington State NATIONAL GUARD in June 1992 when she acknowledged in a security-clearance interview that she is a lesbian. Under the rules in effect at the time, her statement was grounds for dismissal, and Cammermeyer was given an honorable discharge. She was the highest- ranking officer to be discharged solely because of gay or lesbian orientation. Cammermeyer, a highly respected nurse who was awarded the Bronze Star for her service with the Army in Vietnam, appealed the GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 356 ARMED SERVICES dismissal. In June 1994 Judge Thomas Zilly, of the Federal District Court for the District of Washington, ordered the military to reinstate Cammermeyer, holding that the policy in effect at the time of her dismissal violated the Equal Protection Clause. Zilly’s decision dismantled the assumptions that formed the basis for both the old and the new government policies regarding gays and lesbians in the military. Zilly held that “there is no rational basis for the Government’s underlying contention that gay or lesbian orientation equals desire or propen- sity to engage” in gay or lesbian conduct (850 F. Supp. at 920). The judge was direct and harsh in his criticism of the government’s policy. He wrote, “The Government has discriminated against Colonel Cammermeyer solely on the basis of her status as a lesbian and has failed to demonstrate a rational basis for doing so” (850 F. Supp. at 926). Noting that military experts “conceded that their justifications for the policy are based on heterosexual members’ fear and dislike of homosexuals,” Zilly went on to say, “[m]ere negative attitudes, or fear, are constitu- tionally impermissible bases for discriminatory governmental policies” (850 F. Supp at 925). The JUSTICE DEPARTMENT moved to delay Cammermeyer’s reinstatement, but the U.S. Court of Appeals for the Ninth Circuit refused the request. Cammermeyer returned to her position as chief of nursing services for the 164th Mobile Army Surgical Hospital in July 1994. At the same time that Meinhold, Steffan, and Cammermeyer were being decided, the Clinton administration was formulating and imple- menting a new policy that it hoped would deal with the issue of gays and lesbians in the military and put the controversies surrounding the old policy to rest. Before he was elected, BILL CLINTON had promised that as president, he would lift the ban on gay men and lesbians in the armed services. However, after taking office, Clinton faced strenuous opposition from the Joint Chiefs of Staff and the heads of the service branches, who argued that summarily eliminat- ing the ban on gays and lesbians would lead to dissension among the troops and diminished military readiness. In December 1993 the Pentagon announced a compromise plan, which came to be known as the “don’t ask, don’t tell, don’t pursue” policy (Policy Concerning Homosexuality in the Armed Forces, Pub. L. No. 103-160, 1993 H. R. 2401 § 571(a) [amending 10 U.S. C.A. § 654]). Under the new rules, gay men and lesbians could serve in the military as long as they kept their sexual orientation private and did not engage in gay or lesbian activity. The policy stated that sexual orientation is a “personal and private matter” about which recruits and members of the armed forces would no longer be required to answer questions. Criminal investigations and security checks conducted solely to determine sexual orientation would be eliminated. Sexual orienta- tion alone would not be a bar to service. However, gay or lesbian conduct, which could take the form of “a homosexual act, a statement by the member that demonstrates a propensity or intent to engage in homosexual acts, or a homosexual MARRIAGE or attempted marriage” would subject the individual to dismissal. An acknowledge- ment of gay or lesbian orientation would not be sufficient grounds for expulsion but could be the basis for an investigation into whether the individual engaged in gay or lesbian acts. Gay rights advocates immediately and vigorously criticized the new policy, saying it infringed on the free speech rights of gay service members and vowed to challenge it in court. In the months following implementation of the new rules, it became clear that, far from easing the plight of homosexual service members, “don’t ask, don’t tell, don’t pursue” was actually making life worse for many of them. Some commanding officers were overly aggressive in Col. Margarethe Cammermeyer was dismissed from the Washington State National Guard in 1992 after acknowledging that she was a lesbian. She was reinstated two years later and in 1997 retired with full military privileges. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION ARMED SERVICES 357 . BARRIERS ACT OF 19 68 See DISABILITY DISCRIMINATION. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ARCHITECTURAL BARRIERS ACT OF 19 68 349 ARCTIC, LEGAL STATUS OF Establishment of territorial. BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. Military Personnel on Active Duty, 19 70 to 2007 Number of personnel, in millions 19 70 19 80 19 90 2000 2007 4.0 3.5 3.0 2.5 2.0 1. 5 1. 0 0.5 0.0 SOURCE:. 2007 4.0 3.5 3.0 2.5 2.0 1. 5 1. 0 0.5 0.0 SOURCE: U.S. Department of Defense, DefenseLINK and Personnel and Procurement Statistics. 3.065 2.0 51 2.046 1. 384 1. 380 Year GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 352 ARMED SERVICES prevent