General Eaton speaks out against the Iraq occupation in ad, page 1

Here is the issue as I see it. The president and AG Gonzales contend that in time of a war - even an undeclared war if the president so determines in a secret executive order - his power is unlimited! Period. The President when acting as the Commander in Chief in time of war and not as president, is not limited in any way in what he can order or do. So says Bush43.

The claim is spurious. Abraham Lincoln who faced a real crisis, never acted outside the Congress. FDR who faced first the Great Depression and then the Second World War, always acted through Congress. There is no precedent in American history to support the claims made by Bush43 and AG Gonzales.

The truth is, it’s not all that hard for even a casual reader to see what our Constitution says. Go to Article 2, 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;"

That’s it. The president is not the Commander in Chief of America, but of he is of the Army and Navy. That means - to avoid confusion - there is only one person in charge of the Army and Navy. A necessary provision. One person is in charge of the military power of the US and that person is the president. But see Article 1, Section 8, how the power is divided.

The Commander in Chief provision should be read in conjunction with the Powers of Congress. See the following:

Article 1, Section 8. The Congress shall have power . . .
Clause 9. "To constitute tribunals inferior to the Supreme Court;

Clause 10. To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

Clause 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

Clause 12. To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

Clause 13. To provide and maintain a navy;

Clause 14. To make rules for the government and regulation of the land and naval forces;

Clause 18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. [Note: The original US Con is not marked off in clauses, but many modern editions do use that system.)

Now you tell me, should Bush43 be declared President for Life?

[edit on 5/15/2007 by donwhite]