- Position‹4 of 4
- Diplomatic and Military Powers (Article II, Section 2)
- Argument1 of 3›
Commander in Chief
The Constitution declares the President as Commander in Chief, but the verbiage is neither clear nor precise in defining the extent of the power. However, discussions between Congress and the Executive and various legislations have allowed for better navigation.
The argument
According to Article II section 2 of the constitution,"[t]he 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." Unfortunately, the constitution does not clearly define the extent to which these powers may be asserted. Legislation such as the Authorization for Use of Military Force against Terrorists (AUMF) gave the president more authority/limitlessness in enacting this power following the tragedy of 9/11.
Premises
Counter-arguments
A qualification often raised is that the Commander-in-Chief power is not as unbounded as the expansive reading suggests, because the Constitution deliberately divides war powers. Congress, not the president, holds the power to declare war, to raise and fund the armed forces, and to make rules governing them, and the War Powers Resolution attempts to limit unilateral presidential use of force. On this view the AUMF example shows Congress delegating authority, which underscores that the expansive exercise of the power depends on legislative grant rather than the clause itself, so command of the military is a shared rather than purely executive war power.
Rejecting the premises
[Rejecting P1] The clause makes the president Commander-in-Chief, but the Constitution also vests Congress with the powers to declare war, fund the military and make rules for it, so the war power is divided, not solely executive. [Rejecting P2] That the AUMF expanded presidential discretion shows the breadth of the power flows from congressional delegation, not the clause alone, so its scope is constrained by the legislature. [Rejecting C] Because war powers are shared with Congress and subject to measures like the War Powers Resolution, command of the armed forces is not an unqualified executive power.