Charles Spitzer wrote:
"Doug Miller" wrote in message
news

... The Constitution does specify that the President is
Commander-in-Chief
of the nation's military, and it places little restriction on his
exercise
of
that role.


except for declaring war, which congress has to do.


There are more exceptions such as establishing a budget for the
Army and the Navy, establishing laws for the regulation of the
Armed Forces, which the CIC is then required to execute,
and also the power of conscription, all of which are granted
to the Congress.

In particular, the CIC is not authorized by the Constitution
to establish ad hoc courts martial or tribunals, that authority
is granted to the Congress alone.

--

FF