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.
And which of those powers is delegated to the CinC??
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?
Find me where an officer has the INDEPENDENT authority to order deployments wherever he or she likes.
Between the time that JFK was assassinated and LBJ was installed, did the military stop functioning? Golly, how about that.
Sorry, but a rather poor strawman. Who here said the military has stopped functioning?? The question is whether the chain of command has full constitutional authority. When a president is incapactitated there are structural safeguards for ensuring the functioning of the military and other government institutions. This is why LBJ was sworn in as quickly as possible (which would happen before knowing if JFK was dead or not). Such safeguards were executed when Reagan was shoot too IIRC.
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.
At least two of the orders Lakin disobeyed were tied specifically to White House directives. These orders were not made in a vacuum, so to speak.
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.
They ARE when the person(s) making or executing such orders do not have the proper authority to make them. Such orders are not exempt from challenges of lawfulness.