soldier may be subjected to punishment. That method is
outlined in the 104th Article of War (10 U. S. C. A. 1576)
which is entitled "Disciplinary Powers of Commanding
Officers". Its title alone discloses that this Article of
War could have no application to the Commander-in-Chief
because he is the supreme commanding officer.
 
      By their very nature army regulations, which govern
every
move of military personnel, have no application to the
President. This is so not for want of military status but
because these regulations derive their validity from the
President's constitutional authority as Commander-in-Chief.
 
       The question of whether the President is subject to
military
control is in no way determinative as to whether he is a
member of the military forces. This is so because civilians
as well as military personnel are subject to the
jurisdiction of courts-martial under certain circumstances.
Furthermore, as the entire system of military justice is
designed to function in accordance with the chain of
command it is intrinsically incapable of dealing with the
peg upon which that chain hangs.
 
                                                  IV
 
         The fact that the President does not receive his
compensation from money allocated for military purposes is
in no way conclusive on the question as to whether as
Commander-in-Chief the
 
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