Commander in chief clause3/1/2024 ![]() ![]() When compared with the original, limited view of presidential authority, it’s almost dystopian. People will apparently agree to anything in the name of national security. ![]() The list goes on, and it was all done with hardly a peep of protest. From Lincoln’s failure to await a formal declaration of war to expanding war powers to precede – and then outlast – the state of war the imprisonment of over 100,000 civilians (mostly birthright citizens) strike-breaking martial law and the suppression of “civil unrest” use of military force overseas outside of a state of war. I do hope that you will click through and read it, though (starting at page 486).Ĭompressed into 30-ish pages, this process which occurred over nearly 200 years reads like a sinister and strategic plot. ![]() I couldn’t possibly sum it all up in a blog post. Even the Annotated Constitution devotes nearly 30 pages to it. But you could write an entire book on how Article 2 §2.1, which was meant to keep the military in check, enabled the incremental encroachment of presidential power on the legislative branch. After all, the Constitution is all about checks and balances, and this clause (together with the War Powers clause) is the story of how it fails. The president’s military authority has been consistently used to expand presidential power since the mid-19 th century. The “balance” of the branches of government that we have today is quite unlike what the Framers imagined, and would probably appall them. It’s importance to the health of democratic principles is evidenced by history. The president is subject to impeachment rather than court-martialĮven though it’s not spelled out in so many words, the primacy of civil authority over military power is fundamental to the American system.The president takes an oath of office, as civil servants do, rather than enlisting or being inducted.Military activities comprise only a part of the president’s duties.The president’s salary is not paid out of military budgets.The president’s civilian status has to be inferred from circumstantial factors (many of which are stated in the Constitution): But the words of this clause are not at all clear on that. Military or CivilianĪs the uproar over Bush wearing a flight jacket attests, Americans are pretty attached to the idea of the president as a civilian in charge of the military. But lots of things that seem simple in theory can get complicated quickly in practice, and this is one clause that has gotten really out of hand. He has the right to keep tabs on them at all other times. The president is in charge of military forces when they are deployed. ![]() If you just read the words, this clause is straightforward. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. Article 2 §2.1, which gives the president power over the military, is also known as the commander-in-chief clause. This section begins to enumerate presidential powers. This week I’m moving on to the second section of the second article. Last week I looked at Article 2 §1.8 which contains the presidential oath of office. These days, I’m learning about the second article of seven, which deals with the presidency. The United States should not engage in torture of prisoners because it is against the values of the American spirit and torture was not proven to be the most effective means of gaining necessary intelligence.On Wednesdays we study the Constitution. In regard to the use of torture, you should note that I was a member of the Task Force on Detainee Treatment. The president’s commander-in-chief power should not be unconstitutionally constrained by Congress, but the use of that power to override federal statutes should be limited to the most exceptional and constitutionally justified circumstances. As president, I will prioritize reviewing and refining surveillance practices, ensuring their compliance with the Constitution and subjecting them to proper oversight, to achieve a balance between security and civil liberties. It is crucial to strike a careful balance, ensuring our efforts to safeguard the nation do not compromise the privacy and rights of law-abiding citizens. That’s why I put forward policies to rein in surveillance programs, increase transparency and enhance accountability as part of my federal law enforcement reform platform. It has become evident that post-9/11 surveillance measures have, at times, infringed on the rights of Americans. Asa Hutchinson Former governor of Arkansas ![]()
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