The Caribbean island of Grenoble is a small but strategically important ally of the United States. Grenoble holds a popular election, but the military refuses to allow the democratically elected President to take office. The military then begins to seize the property of American businesses located in Grenoble. The President of the U.S., concerned that U.S. strategic interests are endangered, and invoking his powers as Commander in Chief, sends 20,000 U.S. troops onto the island. This action is taken after the President confers with congressional leaders, but with no other congressional action. With Congress still inactive, fighting continues for six months, due to the Grenoble military's well-entrenched status. A member of Congress, Senator Piper, then brings suit for a declaratory judgment that the President has acted unlawfully in using U.S. forces in this manner.

1. What is the best argument that Senator Piper can make against the constitutionality of the President's actions?

2. Will Piper's attack succeed? Assume there's no existing relevant federal legislation.