not the election to the office of President which makes the
President the Commander-in-Chief but his induction into
office by taking the prescribed constitutional oath of
office. The Constitution provides for military as well as
the civil government and there is no law for the government
of the citizens, the armies or the navy of the United States
that is not contained in or derived from the Constitution.
See Ex Parte Milligan, 4 Wall (U. S.) 2; 6 Corpus Jurus
Secundum, page 348, Section 2.
 
      That the President as Commander-in-Chief of the Army
and Navy is in the actual military service must have been
assumed by the Congress when it enacted the Selective
Training and Service Act in 1940. (54 Stat. 885, 50 U.S.C.A.
Sections 301-318). In Section 301 of that Act Congress
declares that it is imperative to increase and train "the
personnel of the armed forces of the United States". To
that end Section 302 provides that "it shall be the duty of
every male citizen of the United States * * * who, * * * *
is between the ages of eighteen and sixty-five to present
himself for and submit to registration * * * * ." Section
303 defines the persons liable for training and service and
Section 304 provides the manner of selecting men for
training and service. In Section 305 Congress specifies
exceptions, exemptions or deferments from training and
service and Sub-division (c) thereof significantly
provides:
 
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