Schmitz tells Newsmax that it is questionable whether Panetta has the authority to make such a change to America’s “land and naval forces,” since this authority is specifically granted in the Constitution to Congress.
“My first question as a commander frankly would be is this a legal order? And to answer that question I would have to find out by what authority, and for what purpose, did the secretary of defense do what he did here,” said Schmitz, who is also a Newsmax contributor.
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“Last time I checked the secretary of defense serves under Article 2 of the Constitution,” Schmitz added, reading from the Constitution. “He’s not a member of Congress and he does not independently have the constitutional authority to ‘make rules for the government and regulation of the land and naval forces.’”
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual." Thomas Jefferson