Only Congress has the authority to declare war against foreign powers. In this instance Congress authorized only “the President” to use force against those who perpetrated or support the terrorist attacks of 9-11. All force that is used is at the discretion of whoever is acting as President at the time.
The only person the Constitution allows to “act as President” at this time is potentially Joe Biden. Joe Biden did not approve the use of force. In fact, he was against the troop increase. The only reason Lakin was given these orders was because somebody who is not allowed by the Constitution to exercise the presidential powers pretended that he was authorized when in reality the Constitution and SJ Res 23 could only allow Joe Biden.
And that’s what the Hollister case is about, as I understand it. Hollister asked the court to judge between Joe Biden and Obama, as to which has the authority to act as CINC, because Biden’s decision regarding the use of force has already differed from Obama’s.
I only found out yesterday that the Hollister case was denied because Robertson claimed that not enough was at stake. To make the challenge Hollister made, $500 of property or obligations had to be at stake. Robertson ignored the fact that obligations count in that tally, which means that Hollister’s salary if called to duty on Ready Reserve would make a large enough claim.
Lakin’s brigade commanders clearly acted beyond their authority if Joe Biden is the only person the Constitution allows to “act as President”. That issue is critical to the lawfulness of the orders. And we already know that Obama didn’t “qualify” by Jan 20, 2009 because he doesn’t even have a legally valid US birth certificate. The Constitution thus says the VP elect must “act as President”. That’s Joe Biden (if the electoral certification is considered lawful).
The Hollister case asking the court to decide between Obama and Biden, as to which has the Constitutional authority to “act as President” makes it especially interesting that Justice Stevens, after administering the oath of office for JOE BIDEN, shook Biden’s hand and said, “Congratulations, Mr President”.
An innocent slip? Maybe. But especially given all the “innocent slips” by judges and justices involved in Obama’s eligibility cases....maybe not.
Because you say he is? Thanks for clearing that up for us.
The only reason Lakin was given these orders was because somebody who is not allowed by the Constitution to exercise the presidential powers pretended that he was authorized when in reality the Constitution and SJ Res 23 could only allow Joe Biden.
So is it your contention that every order given and every transfer authorized by every branch of service has been illegal?
I only found out yesterday that the Hollister case was denied because Robertson claimed that not enough was at stake. To make the challenge Hollister made, $500 of property or obligations had to be at stake. Robertson ignored the fact that obligations count in that tally, which means that Hollister’s salary if called to duty on Ready Reserve would make a large enough claim.
Had you bothered to read Judge Robertson's memorandum you would see that Judge Robertson said no such thing. The first paragraph says it all:
"This case, it it were allowed to proceed, would deserve mention in one of those books that seek to prove that the law is foolish or that America has too many lawyers with not enough to do. Even in its relatively short life teh case has excited the blogosphere and the conspiracy theorists. The right thing to do is to bring it to an early end."
Lakin’s brigade commanders clearly acted beyond their authority if Joe Biden is the only person the Constitution allows to “act as President”.
By ordering him to report to his office?????