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White House rejects House proposal to create a military “Space Corps”

The White House today objected to a House defense policy bill that included a number of provisions, including the creation of a separate “Space Corps.”

Proposals to build the “Space Corps,” to prohibit a military base closure round, levy notification requirements for military cyber operations, develop a ground-launched cruise missile — and to “misuse” wartime funds for enduring needs — were some of the Trump administration targets.

The White House stopped short of threatening a veto, however, and said it looks forward to working with Congress to address the concerns. Still, the list will provide ammunition to Democrats and Republicans who hope to pick off provisions of the 2018 National Defense Authorization Act when it comes to the House floor on Wednesday.

The idea at this time of establishing a separate military division devoted to space military operations is absurd, a waste of money, and would only create an additional bureaucracy that no one needs right now. However, in reading this op-ed by retired Air Force colonel M.V. “Coyote” Smith, one of the early proponents of this idea, I am not surprised to learn that one of the key good reasons for creating such a force is the Outer Space Treaty. As Smith notes,

Created at the height of the moon race between the two principle Cold War antagonists and others, the Outer Space Treaty was designed to prevent either power from claiming sovereignty over the entire moon upon arriving first. It succeeded. Unfortunately, it forbids any national appropriation of real estate and resources in space.

This prevents the issuance of property deeds and the awarding of resource rights to any part of the planets, moons and asteroids, without a potential legal contest. This also frustrates commercial and private entities whose business plans require legal clarity.

Thus, the limitations of the Outer Space Treaty forces the need for a military force to protect the rights of any American individual or businesses in space. As I said today in my op-ed for The Federalist:

The Outer Space Treaty poses limits on property rights. It also does not provide any mechanism for peacefully establishing sovereignty for any nation on any territory in space. Yet national sovereignty and territorial control is a given in all human societies. If we do nothing to establish a peaceful method for creating sovereignty and national territories in space, nations are going to find their own way to do it, often by force and violence.

Thus, no one should be surprised by this first proposal. It might be too soon, but it probably is not as soon as many critics claim. Unless we get the Outer Space Treaty revised to allow the establishment of internationally recognized borders, the need by everyone for a military in space to defend their holdings will become essential. And what a messy process that will be.

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