We know Sec Defense must be retired from the military over 10 yrs, right?

[Rowdyboy]

I've seen that stated as fact hundreds of times on DU, yet, I can't find any mention of that rule in the constitution or in federal law. Where does this rule come from? Anyone have any ideas?

Fred Kaplan from Slate today suggests Anthony Zinni for Sec Defense and he's only been out for a couple of years....What gives?

http://slate.msn.com/id/2101615/#ContinueArticle

I'm not denying the fact, I'd just like to see the source. Why can't recently retired vets serve as Sec Def?

[wtf]

1. hmm

I've never heard of such a rule/law.

[Rowdyboy]

2. Its been quoted numerous times to explain why Wes Clark can't possibly

serve as Sec Def, but I can't find any constitutional or legal basis for it.

In fact, its a little unreasonable to have the requirements for president lower than for Sec Def, don't you think?

[Dookus]

3. Here ya go...

http://www4.law.cornell.edu/uscode/10/113.html

Sec. 113. - Secretary of Defense


(a)

There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Secretary of Defense within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force.

[Rowdyboy]

4. Thanks so much, Dook! It was driving me nuts!

Isn't it odd, that Wes Clark and Anthony Zinni are legally eligible to be president, but not secretary of defense? What a strange thing our government is...

Anyway, it would have bothered me all night... Thanks!

[Dookus]

5. You're welcome

I googled it a few months ago, too, because I had been unfamiliar with it.

But it makes sense. Civilian control of the military is very important, and this ensures it.