The bottom line, however, is that Obama's place of birth has nothing to do with the lawfulness of the orders he disobeyed and that is how the courts will come out on this.
Colorado tanker, what does the 20th Amendment say about the ability of a President elect to act as Commander-in-Chief if he/she “fails to qualify” by Jan 20th?
Can such a person appoint a SecDef?
Can a war strategy such as a surge - a CONPLAN or OPLAN be implemented without either a Commander-in-Chief or SecDef involved? Can movement and deployments be authorized and coordinated amongst all the branches of the service without an OPLAN or CONPLAN?
If Nancy Pelosi decided she was going to act as CINC and implement a military strategy, say, in Iran.... would the lawfulness of the coordinated movement and deployment orders be Constitutionally compromised in any way? Why or why not?
Article II, Section 2 of the United States Constitution provides the original source of command authority to the President as Commander-in-Chief.