>Correction: 1789. Article II, Section 2, Clause 1 of the Constitution.
You can quote the constitution at me, because it also specifies that this is true Only in times of war.
In times of peace they are not the COC. just a President.
CONGRESS declares war. President == CoC during those times, only.
President Lincoln is responsible for creating the precedent of Presidents seizing the powers of CoC without a declaration of war from congress, due to how it was done.
The re-write of the Constitution in 1871, never addressed this, which is why modern presidents enjoy the powers of "being CoC".
'It is not organically constitutional. It is the color of law.'
That is why the President has to make use of his own men (read: Marines) to do certain things.
POTUS knows what's up. He goes by the book.