OPED: When a State Legislature Challenges the War Department

Virginia Military Institute (VMI) is unique in America. It is also different from the other Senior Military Colleges (SMCs). Unlike Texas A&M, The Citadel, Norwich, Virginia Tech, and the University of North Georgia, VMI enrolls only 1,600 military cadets, all of whom live in a single barracks and adhere to one of America's most stringent Honor Codes. VMI only awards Bachelor's degrees and is based on the citizen-soldier concept created in the founding of VMI. Each SMC fulfills a unique role, supporting its state and the Nation through its composition and approach. Aside from the Service Academies, and despite its size, VMI produces more Army and Marine Corps Officers than any other college or SMC in America. VMI is vital to America's defense. The issue is that the proposed Bills fundamentally change VMI, and that change is welcomed by the current administration and Board. Virginia's debate over VMI is no longer a question of education policy. It is a test of federal authority, military jurisdiction, and the constitutional boundary between state legislatures and the national defense. House Bills HB1377 and HB1734 are being framed by their proponents as accountability measures—responses to alleged racism, sexism, and institutional failure. But the language of the bills themselves reveals something far more consequential: an effort by a state legislature to investigate, restructure, and potentially displace a federally recognized military institution that operates within the United States' officer-production system. That authority does not belong to the Commonwealth of Virginia. It belongs to the federal government—and specifically to the Departments of Education, Justice, and War. The Legislature's Own Words Expose Major Overreach HB1377 does not merely authorize a study. It adopts an accusatory historical and moral posture before any investigation begins. In its language, the bill declares that VMI has "celebrated for over a century its role in committing treason against the United States government," including "annually celebrating the role of the VMI Corps of Cadets in violently attacking forces of the United States government at New Market in an effort to preserve the institution of slavery." These statements are false, and this is not neutral oversight. It is a legislative verdict. More striking still, the bill explicitly attributes the non-renewal of Superintendent Cedric Wins to "efforts by the Administration of United States President Donald Trump to remove female and non-white Flag Officers," a position the bill's proponents present as justification for legislative intervention to punish VMI, its Cadets, and impact America's National Defense just because they do not like the outcome of a personnel decision by a College's legitimate governing board. In doing so, the General Assembly places itself not only in judgment of a military institution but in opposition to the Commander-in-Chief and the Secretary of War's authority over military leadership norms. This is not an education dispute. It is a constitutional collision. Racism and Sexism Allegations Are Federal Matters The irony at the center of HB1377 and HB1734 is that the alleged misconduct used to justify state intervention already falls squarely under federal jurisdiction. The Department of Education enforces Title VI and Title IX.The Department of Justice enforces civil rights laws.And in military institutions, the War Department retains overriding authority where officer production, discipline, and readiness are implicated – Especially for VMI as a Senior Military college under Title 10 U.S.C. The Virginia General Assembly has overstepped its authority, and the War Department has ultimate authority. The 2021 Barnes & Thornburg investigation (frequently cited by bill supporters) found: "No explicit racist or sexist policies" "No evidence of overt bias in Honor Court proceedings" "No evidence…that specific policies or procedures…cause African American or other minority cadets to be drummed out at a disproportionate rate" "VMI's investigation and adjudication procedures were robust and compliant with Title IX." These are federal compliance conclusions. If violations existed, the remedy would be federal enforcement—not legislative micromanagement of a Senior Military College. The Legislature Is Challenging the War Department Directly HB1377 goes further than cultural critique. It commands a task force to determine "the feasibility of expanding programs at other public institutions…to replace the role of VMI in providing taxpayer-funded commissioned officers" and to assess whether VMI's academic offerings meet "the defense and non-defense needs of the Commonwealth." Officer production is not a state experiment. It is a national security function governed by federal law. By questioning whether VMI should continue to serve that role, the Virginia General Assembly is not auditing a university. It is questioning whether it should continue hosting a federal defense asset—authority it does not possess. HB 1374 fundamentally shifts VMI's governance and direction toward a college model and away from the Institute model designed by J.T.L. Preston, its founder. No more than 8 of the 16 appointed members may be alumni, so there could be no alumni on the board if the Governor decides to do so. At least six members must be non-alumni Virginia residents – reducing Virginia citizen and alumni involvement and oversight. The War Department Has Already Warned Virginia The Department of War's recent warning regarding VMI is profound. The Department has publicly stated that it is prepared to consider "extraordinary measures" should state action undermine federal military interests. Those words were not rhetorical. They were jurisdictional. When a state legislature seeks to subordinate, dismantle, or replace a federally recognized officer-producing institution—while openly condemning its history as "treasonous" and attributing its leadership decisions to opposition to a sitting President—it crosses from education policy into interference with national defense. Waiting Until Passage Is Too Late If the War Department waits until these bills fully mature into structural or funding actions, the damage will already be done. The task force itself—armed with coercive subpoena-like powers and an unlimited mandate to explore "any other questions or concerns" about VMI—constitutes an ongoing federal injury Federal intervention is not premature. It is OVERDUE. The Departments of Education and Justice retain authority over discrimination claims. The War Department retains authority over officer production, military governance, and civil-military stability. The Virginia General Assembly retains authority over appropriations—but not over the federal defense architecture embedded within VMI. ConclusionHB1377 and HB1734 are not accountability measures. They are assertions of state power into federal military jurisdiction, wrapped in the language of reform. By declaring historical "treason," invoking presidential politics, questioning the replaceability of a federal officer source, and ignoring established federal enforcement mechanisms, the Virginia Legislature has placed itself in direct conflict with the President of the United States and the Secretary of War. When that happens, the War Department does not wait. It intervenes. About the author: Aric Southworth is a VMI Class of 1994 graduate and retired Air Force officer who was deployed extensively on combat operations worldwide. A combat aviator and former assistant professor at the United States Air Force Academy, Aric has authored and presented academic publications at the national level. His roles in the Air Force included serving as Pol/Mil advisor to the Commander and Vice-Commander, Pacific Air Forces (PACAF), and Director of Homeland Defense and Presidential Support (PACAF). Aric resides in Charleston, South Carolina, with his wife Barbara, and currently serves as an international leadership and defense consultant. Please help The Cadet remain the independent voice of the Corps and aluni/ae by supporting us at http://www.thecadetfoundation.org