Any statement to the effect that the President
is civilian
Commander-in-Chief of the the Army and Navy is a
contradiction in terms and repugnant to the plain meaning
of the language of the Constitution. There can be only one
sound conclusion and that is that the President occupies a
dual status both civil and military. That a person may
occupy such dual status has been recently expressly
recognized by the United States Supreme Court in Connelly
v. The Commissioner (Decided November 7, 1949). 70 S. Ct.
19
 
                                                   II
 
              The contention that the President is elected
to office and
is not inducted or drafted into nor enlists in the military
service does not support the conclusion that he is,
therefore, not a member of the military forces as
Commander-in-Chief.  The words "Commander-in-Chief of the
Army and Navy" connote active membership in the Army and
Navy as supreme Commander. The Constitution in Article II,
Section 2 provides:
 
                               "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;"
 
                  By taking the oath of office prescribed in
Section 1 of
Article II of the Constitution the President automatically
becomes the Commander-in-Chief of the Army and Navy as much
so as though he had enlisted, was drafted or inducted into
the Army and Navy. It is
 
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