Diamondeye wrote:
Point out where in the Constitution it says that the President needs a declaration of war to take any particular action as Commander in Chief.
Let's start with this:
Amendment 10 wrote:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
So it follows that the President does not have the power to do something unless the document specifically grants it to him elsewhere. Now let's look at the only thing the Constitution has to say about the president with regards to the military:
Article 2, Section 2 wrote:
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;
Emphasis mine. The conditional qualification here is not accidental. Note that nowhere in the Constitution does it state that the President has power to call the military into the service of the United States -- only that
when they have been, he has the power to command them.
So, if not the President, does the Constitution grant the power to call the military into service to
anyone? Why, yes:
Article 1, Section 8 wrote:
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
Declaring war is not just a political gesture unless you are unfamiliar with war
is.
The OED wrote:
war, n.
1. a. Hostile contention by means of armed forces, carried on between nations, states, or rulers, or between parties in the same nation or state; the employment of armed forces against a foreign power, or against an opposing party in the state.
So in other words, Article 1, Section 8 grants Congress the power to declare the employment of armed forces against, etc. I.e., the power to call the military into service of the United States. Not the President.
And, after all, this particular method of division of power is highly consistent with the rest of the document. It is exactly what we would expect: one branch directs, another executes, and the last reviews.