No, it's Commander in Chief powers. The President doesn't have the authority to dictate legislation; nor does he have the authority to decide judicial cases. (And so on and so forth.) Impeachment and removal is a political judgment -- as demonstrated recently by the Clinton impeachment trial. It certainly stands as a check on over-reaching by the executive. So, let me get this straight: You believe that Thomas Jefferson acted illegally in militarily holding prisoners captured in the Barbary Wars and not submitting them to either a criminal conviction in the domestic courts or release?