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Originally Posted by Adder
I'm not so sure why that is Congress's role.
Eta: seriously. I haven't read any of the briefing, but why does congress have any constitutional authority to legislate here?
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Uh, for the same reason Congress had the power to enact 5 U.S.C. Section 1 to bajillion -- because Congress sets the terms of federal employment.
The fact that the President is the Commander in Chief of the military doesn't mean he writes the laws for them. Shit, it hasn't even meant he had the power to decide when and where they died, until (ahem) Congress gave it to him.
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The President is to be commander-in-chief of the army and navy of the United States. ... It would amount to nothing more than the supreme command and direction of the military and naval forces ... while that [the power] of the British king extends to the DECLARING of war and to the RAISING and REGULATING of fleets and armies, all [of] which ... would appertain to the legislature.
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The Federalist No. 69 (Hamilton).
Are Ty and I the only people here who have consistently believed the powers of the Presidency are limited in the same way for both 43 and 44?
