that the armed forces are moved, housed, clothed and fed,
and furnished with arms, supplies, and all implements of
war; and there is no doubt but what in emergency he may
seize arms, supplies, food, clothing, transportation
facilities and all implements of war to the extent of the
needs of the armed forces.  In military crisis, when
Congress is not in session, the President has power to do
many things found necessary for the preservation of the
Government. When Congress is in session, but when the
emergency is so great that the national safety would be
imperiled before Congress could act, the power resides in
the President, as a function of his military office, to do
the things necessary to preserve the Government, but which
it would not be lawful for him to do except for the
emergency." (Underscoring ours)
 
             While it may be true that the office of
President as Chief
Executive is essentially a civil office, it is equally true
that the office of President as Commander-in-Chief must by
its very nature be a military office, and the courts have
so consistently held.
 
            To label the office of Commander-in-Chief as a
civil office
is contrary to the plain language of the Constitution, the
history of the Constitution, the decisions of the United
States Supreme Court and other precedent, and as a matter
of custom and actual practice.  Upon analysis of the
language of the Constitution constituting the President the
Commander-in-Chief of the Army and Navy and the nature of
the responsibility, duties and power inherent in that
office, it logically follows that the office of
Commander-in-Chief is a military office.  The words which
were deliberately used by the framers of the Constitution
connote only military status.
 
          At the time of the adoption of the Constitution
the words
 
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