Whoa! That was brillianntttt! Who ever thought of bringing up the Constitution.
But then of course --- http://www.law.cornell.edu/constitution/constitution.articleii.html#section2
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.
Foreign intelligence (I mean surveillance, I know how sensitive you liberals get when talking about intelligence) is a war making power.
but we could ignore this and provide arguements at the 3d grade level.
I'm not even arguing I'm saying let it be judged by the courts.
Are you against that?