Talk about rewriting the Constitution. Damn. These GOP types spend so much time grumbling about those liberal judges re-defining the Constitution you'd think ELIMINATING IT ENTIRELY would be sort of outside their comfort zone.
In a series of opinions examining various legal questions arising after September 11, we have examined the scope of the President's Commander-in-Chief power. . . . Foremost among the objectives committed by the Constitution to [the President's] trust. As Hamilton explained in arguing for the Constitution's adoption, "because the circumstances which may affect the public safety" are "not reducible within certain limits, it must be admitted, as a necessary consequence, that there can be no limitation of that authority, which is to provide for the defense and safety of the community, in any manner essential to its efficacy."I guess they're thinking we have to destroy the country in order to save it. Heck, why not!?!?
. . . [The Constitution's] sweeping grant vests in the President an unenumerated Executive power . . . The Commander in Chief power and the President's obligation to protect the Nation imply the ancillary powers necessary to their successful exercise.