Possible Constitutional Loophole? Denying Bush the use of the military.

[Meldread]

Section 2. 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's what it says in the Constitution. Notice it says nothing about the Air Force, only the "Army and Navy". Granted, this is because there was no air force in existence when it was written, but I wonder if this could be used as a loophole for Congress to deny Bush the use of the Air Force. In doing this it would effectively cripple most if not all efforts in Iraq. If congress could restrict the use of any military air craft, authorizing their use only as a vehicle to bring them home...

Possible? The Administration seems to want to play with literal definitions of the Constitution, could this provide a loophole in our favor?

[cloudbase]

1. I doubt it.

I don't think that any federal judge would read it that way.

[Meldread]

4. I thought of that.

If nothing else, couldn't it at least act as a stalling tactic until Congress can figure out a more effective way of undercutting Bush's power?

[jbonkowski]

2. Not all military air craft are Air Force

The Army has helicopters and some planes, including big transports, and the Navy has fighter jets.

If you could pull out all of the Air Force, they could compensate with other branches, No dice.

jim

[Meldread]

3. Yes, but that's my point.

Couldn't Congress just classify "anything that flies" as the "Air Force" - or some other "branch" of the Armed Forces that is "outside" of Bush's direct control? Example: "The Congressional Flight Force" - to be used and authorized by the United States Congress, and only the Congress.

[KenHodson]

5. Do you know what scares me...

Good fact finding, OP. But this asshole decider will do whatever he wants anyway.
But what is this guy going to do when this "surge" doesn't work? While I heard a lot of talk of establishing concrete benchmarks to note "progress" (whatever that may be???), I don't think that ever happened.
Iraq post-surge, will look identical to Iraq pre-surge; we all know that. The media will rightly call this asshole to the table for being wrong yet again. And this is the timeframe that I cannot visualize. This is his last hurrah. He can't use the media is only reporting the bad stuff spin, that well has run dry. He can't ask to supplement the war with more troops. He can't blame this on the media, he does not want to engage in that, since all MSM outlets, sans Fox, do not agree with surge.
Bush is a frightening man, IMHO. And we have yet to see how we will react when he hits rock-bottom. What is this psycho heading himself into?

[Meldread]

6. He won't be around much longer.

When the surge goes south, as we know it will, Republicans will begin moving toward getting rid of him. They will abandon him completely, leaving him naked and exposed. Not for the good of the Nation, of course, but to save their own asses in '08. They will force him to resign or they will support Impeachment. I guarantee it. They are already jumping ship, but when the surge starts producing ten dead soldiers each night for weeks on end - for a total of anywhere between 500 - 1,000 dead and many more wounded - we will see a shift.

It is his last hurrah, and I'm sure he's hoping against hope that it works, because if it doesn't he's toast. His base is eroding right from under his feet. I would not be shocked if he begins polling around or under 20% before the end.

[KenHodson]

7. Indeed,

I should point out I would like for this "surge" to succeed. I have never agreed with this war, but if I had one wish, it would be for a united, voting, well-intentioned Iraq to grasp control of its own land. Unfortunately, even if Iraq stood up, so we could stand down (language so laughably stupid) - we couldn't/wouldn't leave until we got our own interests nested into the oil infrastructure.
It is a sad realization to know that even if Iraq were handling its own, the White House spin would be that they weren't!
WE CANNOT WIN UNDER THE NEOCON PLAN.

I went to Little Green Footballs to point this wee fact out to them, but those sissies won't let new people register. Hahaha! What a sad lot!

Anyone have an account with littlegreenfootballs.com that they could share with us?
Peace,

[justiceischeap]

8. Congress already has the power to end the war

It's in the Constitution. We don't need loopholes, we need heros.

[Earth_First]

9. No (and correct me if I am wrong) but the Air Force falls under Department of the Navy command...

as do the Marines and Coast Guard...

[HockeyMom]

10. Can't Bomb Iran?

I would think that would be his first step. Bomb the so called nuclear targets, then send in the troops.

[alfredo]

11. Use section 4 of the 25th Amendment.

bush is insane and cannot perform his duties as president.


Of course Cheney would get in the way of this. McConnell would filibuster.


Section 4.
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

[Hosnon]

12. The argument would probably not convince the Supreme Court if for no

other reason than practical considerations.

Plus, we must be careful when attempting to interpret the Constitution to limit the powers of a President we don't like because it will also limit the powers of those we do. If the President is the C-in-C of both the army and navy, it seems reasonable and appropriate that s/he have the same authority over the air force.

[harveyc]

13. Moot ... 2002 Iraq Authorization

Sec. 3a) Authorization.--The President is authorized to use the Armed
Forces of the United States as he determines to be necessary and
appropriate in order to--

(1) defend the national security of the United States against the continuing threat posed by Iraq; and
(2) enforce all relevant United Nations Security Council resolutions regarding Iraq.