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Is it possible for the President and the Commander In Chief to be two separate individuals?
No, the President and the Commander in Chief are the same person. The Constitution states that the President is the Commander in Chief of the United States Armed Forces, including the Army, Navy, and Militia. The President has supreme operational command and control over the military.
The President is also the head of state and head of government of the United States. The President is responsible for the conduct of United States foreign relations.
The President's power as Commander in Chief comes from the Commander in Chief Clause. The President has the power to:
Direct the military
Honor those who have served in the military
Desegregate the military
Source(s): https://constitutioncenter.org/the-constitution/articles/article-ii/clauses/345
Is it possible for a President to write an Executive Order to make themselves the Commander In Chief?
Why hasn't the military intervened?
People often ask why the Federal Military didn't prevent the election from turning out the way it did. Here is one reason why:
The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385, original at 20 Stat. 152) signed on June 18, 1878, by President Rutherford B. Hayes which limits the powers of the federal government in the use of federal military personnel to enforce domestic policies within the United States.
When operating in Title 32 status, Guard forces are exempt from the Posse Comitatus Act because they are under state command and control.
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