Article II Sec 2: The Commander in Chief

[M14 Shooter]

This came up on another board.

Article II Sec 2
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.

Does anyone here interpret this to mean that the President is the CinC only "when called into actual service" by a declaration of war?

 

[maineman]

no...only that the state militias (national guard) only come under his command when they are nationalized.

 

[Abelian Sea]

Does anyone here interpret this to mean that the President is the CinC only "when called into actual service" by a declaration of war?

No. First, my first impression is that the last clause applies to the state militias and not the Army and Navy, and second I don't think declared war is the only U.S.-level service to which those institutions could be called.