Quantum Windbag
Gold Member
- May 9, 2010
- 58,308
- 5,101
- 245
The military is subject to the President and the laws of Congress.
Article I Section 3: Congress shall have "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;"
Article II Section 2 "The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;"
"The military is commanded by the President and the chain of command is delegated down from there."
Wrong. The Constitution sits atop the chain of command and the President is sworn"... to protect and defend the Constitution against all enemies foreign and domestic" and is restricted from giving any order that exceeds the authority granted therein.
Wrong again. For one thing, the military is not the militia. They are not privateers either, just in case you want to argue that Congress can issue a Letter of Marque and Reprisal.