"(1) The Vice President of the United States,
the Governors, and all other State officials chosen by the
voters of the entire State, of the several States and
Territories,
members of the legislative bodies of the United States and
of the several States and Territories, judges of the courts
of record of the United States and of the several States
and Territories and the District of Columbia, shall, while
holding such offices, be deferred from training and service
under this Act in the land and naval forces of the United
States."
 
         Nowhere in the entire statute is the President eo
nomine exempted or excluded from training and service under
the Act. If it was deemed necessary by Congress to
specifically defer from training and service the Vice
President, Governors and other state officials, members of
legislative bodies and judges, the question immediately
arises as to why the President was not included in that
category? The only logical answer to that question is that
Congress unquestionably regarded the President in his role
as Commander-in-Chief as already in the active military
service. Except for the specific exemption given to the
Vice President, Governors, members of legislatures and
judges, all of them would have been liable to training and
service under the Act. Except for the fact that the
President as Commander-in-Chief was already in the actual
military service it is obvious that he would have been
subject to training and service under the Act which would
lead to absurd and unintended consequences. It is obvious,
therefore, that the President as Commander-in-Chief is in
active service as a member of the military
 
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