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To: BigGuy22
Well, her rationale was documented and supported by citations to the Constitution and to law.

Not really. The Constitution for example does acknowledge the president is the CinC. It doesn't say his power as CinC is 'shared' with Congress.

Care to document yours? Maybe your legal acumen is as sharp as that of the Chief Judge of the Army’s 1st Judicial Circuit.

Do you need a link to the Constitution?? I can document anything you have questions about.

789 posted on 12/15/2010 2:31:06 PM PST by edge919
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To: edge919
"It doesn't say his power as CinC is 'shared' with Congress."

Gosh, I guess all that other stuff about "declaring war" and raising an army and providing for a navy, and the making of the rules for those land and sea forces, that must have been constitutional filler - just trying to take up a page, Madison was.

What part of an officer's authority to issue orders to subordinate members is not incumbent on the authority (or even the existence) of the CiC, don't you understand?

Between the time that JFK was assassinated and LBJ was installed, did the military stop functioning? Golly, how about that.

Officer's have authority that is vested in them by custom and by statute, and that authority gives them legal power to issue orders to subordinates.

Orders to deploy and orders to report are NOT facially criminal acts - you know, the kinds of orders that service members are obligated to disobey.

794 posted on 12/15/2010 2:38:00 PM PST by OldDeckHand
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To: edge919

“Do you need a link to the Constitution??”
__

LOL, no, thanks. But you can check your copy — does it include the words:

“The Congress shall have Power:
...

To raise and support Armies...

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces...”

__

It is widely acknowledged in the law that the President and Congress share power over the military. This is not something that Judge Lind invented for the purpose of screwing LTC Lakin.


797 posted on 12/15/2010 2:42:56 PM PST by BigGuy22
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