By the President of the Constitution.
In his veto message his last paragraph:
Finally, this legislation is unconstitutional because it purports to direct the conduct of the operations of the war in a way that infringes upon the powers vested in the Presidency by the Constitution, including as Commander in Chief of the Armed Forces. For these reasons, I must veto this bill.
That’s interesting. Which Constitution are you reading? Certainly not the one that resides within the national archives.
US Constitution Article 1 Section 8:
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;–And
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
Article II makes the President the Commander in Chief, but nothing in the article makes that power absolute and not subject to regulation by Congress-especially in relation to the provision of monies for the Armed Services.
Don’t like the bill? Fine, Veto it. Tell Congress you don’t like it. That’s a Presidential prerogative. But don’t make things up that do not exist. Its bad form and its unbecoming of a “decider”. It is however, useful in discrediting your opponents-a talent this administration excels at.
