Comment Re:This is why (Score 1) 1130
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
Except I can't help but to read that the power of the president to be "Commander in Chief of the... Militia" in a kind of jury nullification sense. Just because a judge says you have to convict if so-and-so is presented as evidence, doesn't mean a damned if that jury really doesn't want to convict. The power to rebuke authority is built into the system.
I parse that as:
The US has a navy and an army. The President is Commander in Chief of these.
The individual states also have militias. Sometimes these will be called to serve alongside the army and navy. When this happens, the President is also Commander in Chief of these militias.
I've got no idea what the legal situation would be if the militias were called to serve the United States and refused, but I think it'd be a moot point. To me, it reads like that clause is more to clarify that when the militias are fighting alongside the army they are under the same commander rather than being about when there is civil war.