[rjsimmon]

The President is Commander in Chief, all the time, war or no war.

Not according to the Constitution.

Section. 2.

Clause 1: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;

[El Gato]

Clause 1: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;

That last phrase applies to the militia of the several States, not the Army and Navy. But even if it did, they are *always* in the actual service of the United States.