Dear John,

You'll find the issue is in the same Constitutional article that gives Congress the authority over the the size of the militia and how the US cannot have a standing Army for greater than two years...and all those other inconvenient issues that an all incompassing executive branch doesn't like. Remember, John, Congress did not declare war, therefore the Commander in Chief does not have the powers granted by the Constituion to the President in a case of war.

Well, this is hardly surprising, coming from the person who thought Moveon.org should be expelled from the country for expressingn an opinion he doesn't agree with....

Thank you, Shadow Wolf.

I can't believe this guy would say something so ridiculous.

I feel sorry for McCain, his loser campaign has earned our pity. But it's hard not to lay in on the guy when he spews such unbelievable bullshit. Good catch, Shadow Wolf.

Someone should bring their pocket U.S. Constitution brochure to McCain and point to the clause in Section 1 Article 8 that reads as follows:

To make Rules for the Government and Regulation of the land and naval Forces

McCain should actually read the U.S. Constitution again, he seems to have forgotten much of it.

There's also Article 1, Section 9, Clause 7:

"No money shall be drawn from the treasury, but in consequence of appropriations made by law;"

Clearly, McCain is going for core Bush support, which seems to be very much in love with the idea that the words in the Constitution really don't mean anything.

Ferruge,

Actually Congress was within its power to intrude in the Terri Schiavo case (however ill advised it was to do so on policy grounds). The 14th Amendment requires States to guarantee its citizens due process and equal protection and gives Congress the power to pass laws to enforce the Amendment.

Since Congress's action was grounded on the argument that Florida was denying Schiavo due process, they were allowed to pass a law protecting her 14th Amendment rights.

Just sayin'. :o)

And some illumination of the provisions of Art. 1, Sec. 8 and 9 quoted above from Federalist 69 (helpfully posted this morning at Balkinization):

The President is to be commander-in-chief of the army and navy of the United States. In this respect his authority would be nominally the same with that of the king of Great Britain, but in substance much inferior to it. It would amount to nothing more than the supreme command and direction of the military and naval forces, as first General and admiral of the Confederacy; while that of the British king extends to the DECLARING of war and to the RAISING and REGULATING of fleets and armies, all which, by the Constitution under consideration, would appertain to the legislature.

McCain obviously needs a Con Law advisor for his campaign. Actually, I think he DOES know better, but he is quite aware that the knuckle-draggers to whom he must pander, DO NOT know better. To them, Art. II is all that matters and it literally trumps everything else.