Why even have a CINC then? Can you imagine a war that couldn’t be initiated until Congress decided it was OK? They would be rounded up by the conquering enemy even as they sat arguing about whether or not it was OK to fight and what restrictions could be put on us to insure the enemy was treated fairly and with respect....
I know what you are saying, but the Constitution reserves the right to declare war to the Congress. Congress chose to abdicate their authority through the War Powers Act.