> The president's authority over the military is a legal fiction
No, its not; and its kind of odd to say that during the era when not omly does the President fully exercise that power, they have for all practical purposes had it augmented by delegation (substantively on paper, and even more broadly in practice) of Congress’ power to declare war.
It’s true that most Presidents don’t micromanage the military, but they very much do command it, and a power generally used with some discretion and reserve is not the same as a legal fiction.
But the important thing about the President’s Commander-in-Chief role is not that it is a power (though it is), but that it is a constraint on the Congressional power to orgabize and set rules for the military.
No, its not; and its kind of odd to say that during the era when not omly does the President fully exercise that power, they have for all practical purposes had it augmented by delegation (substantively on paper, and even more broadly in practice) of Congress’ power to declare war.
It’s true that most Presidents don’t micromanage the military, but they very much do command it, and a power generally used with some discretion and reserve is not the same as a legal fiction.
But the important thing about the President’s Commander-in-Chief role is not that it is a power (though it is), but that it is a constraint on the Congressional power to orgabize and set rules for the military.