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To: Red Steel
Judge Lind was correct in the law. Yes, military officers represent the POTUS, but the legality of their orders comes from statutory law written by Congress, specifically Title 10. Their commissions are granted by Congress and signed by the POTUS.

Remember basic Goverment 101 from elementary school? The Legislative branch makes law. The Executive enforces law. The Judicial interprets law.

Congress makes officers' orders legal. The CIC enforces their orders through the chain of command.

426 posted on 12/16/2010 1:44:15 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: BuckeyeTexan
Whatever Title 10 says doesn't trump the US Constitution stating who is the commander in chief of the US military. The President is original source of authority of the military under the US Constitution.

And that particular argument under cuts the hypothetical of there being mass military disobedience and chaos if Obama was found to be ineligible to give lawful orders; as that would be highly doubtful in any case.

Furthermore, there would be a political solution for an unconstitutional president, as the politicos of this country, would find a quick solution to the problem.

438 posted on 12/16/2010 2:22:38 PM PST by Red Steel
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