... to the Commander in Chief clause of the US Constitution. Article Two of the Constitution clearly states that
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;
It does not add the qualifier "subject to the approval of powerful Senators and Congressmen." And yet, despite this, witness Rep. Nancy Pelosi:
She said Democrats are not interesting in cutting off money for troops already in Iraq — "We won't do that" — and that her party favors increased the overall size of the Army by 30,000 and Marines by 20,000 "to make sure we are able to protect the American people."
"That's different though, than adding troops to Iraq," Pelosi said.
The speaker stopped short of stating categorically that Democrats would block money for additional troops in Iraq. But she did say, "The burden is on the president to justify any additional resources. ... The president's going to have to engage with Congress in the justification for any additional troops."
And if you claim he didn't justify it to your satisfaction? Further, Sen. Ted Kennedy:
WASHINGTON (CNN) -- Sen. Edward Kennedy launched a pre-emptive strike Tuesday against President Bush's anticipated plans to send more troops to Iraq.
The Massachusetts Democrat introduced legislation to require congressional approval before force levels can be increased.
[...]
Kennedy said he introduced the legislation "to reclaim the rightful role of Congress and the people's right to a full voice in the president's plan to send more troops to Iraq."
He added that the bill says "that no additional troops can be sent and no additional dollars can be spent on such an escalation unless and until Congress approves the president's plan."
If that's not unconstitutional, I don't know what is. His fellow Senator, '08 presidential candidate Joe Biden, seems to understand the constitutional limits on Congress' role here:
Sen. Joe Biden, Democratic chairman of the Senate Foreign Relations Committee, said it would be a "tragic mistake" if Mr. Bush chooses to increase troops. But Biden said cutting off funds was not an option.
"As a practical matter there is no way to say this is going to be stopped," Biden said regarding a troop increase, unless enough congressional Republicans join Democrats in convincing Mr. Bush the strategy is wrong.
Biden added that it probably would be an unconstitutional violation of separation of powers if Democrats were to block Mr. Bush's efforts as commander in chief after Congress had voted to authorize going to war.
"It's unconstitutional to say, you can go, but we're going to micromanage," Biden said.
The American people voted in November, and Democrats were swept into power in the House and Senate, and are now in the majority. But in doing so the people did not vote a Democrat as President, and until they do the job of Commander in Chief is taken.
