“[T]errorism is not the only new danger of this era. Another is the administration’s argument that because the president is commander in chief, he is the ‘sole organ for the nation in foreign affairs.’ That non sequitur is refuted by the Constitution’s plain language, which empowers Congress to ratify treaties, declare war, fund and regulate military forces, and make laws “necessary and proper” for the execution of all presidential powers.”

The number of 2005 U.S. Army recruits, about 15 percent of the total, who had to be given special waivers because of a history of medical problems, drug and alcohol abuse, or criminal conduct that would otherwise have disqualified them. (The Army still missed its recruiting target.)