Commander-in-Chief

Governments name a commander-in-chief of their armed forces and security agencies to let everyone know who has the last word and responsibility for the nation’s safety and security. The commander-in-chief has the authority to set goals for military plans, standards for rules and regulations in the military, and declarations of war, lesser acts preventing terror, and mobilizing aid to foreign and domestic civilians in harm’s way.

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The United States Constitution names the president of the United States as commander-in-chief. Thirty-nine other countries also designate their head of state to be their commander-in-chief. This unified approach makes the officeholder a depository of supreme power. The commander can initiate military actions without approval of other branches of government. Since that individual serves jointly as president and commander-in-chief, power ultimately rests in civilian hands, ensuring a legacy of political independence and commitment to the rule of law.

Brief History and Background

The United States Constitution divides the government into executive, legislative, and judiciary branches. Congress is led by the vice president and the speaker of the House of Representatives, and the judiciary by the chief justice of the Supreme Court. Supreme executive power is vested in the president and commander-in-chief according to Section 2, Article 2 of the Constitution. This gives the president power and leadership over all things military to protect the nation.

Each state governor is designated commander-in-chief of the state National Guard, state militia, and state defense forces. A governor can deploy state forces in times of extreme hardship from natural disasters, rebellions, or riots. The president can federalize any state National Guard in times of national emergency.

President Eisenhower federalized the Arkansas National Guard in 1957 to ensure the peaceful integration of Little Rock public schools. Other commanders-in-chief mobilized state militias and National Guard units to support federal troops in military actions, wars, and natural disasters like Hurricane Katrina and the earthquake in Haiti.

President Harry S. Truman relieved General Douglas McArthur (April 11, 1951) from his supreme command position of the war in Korea, believing the general defied President Truman’s civilian authority as commander-in-chief.

Only Congress can declare war, but the president, exercising authority as commander-in-chief, can deploy troops overseas, order warships into dangerous waters, authorize air strikes against enemies dangerous to the nation, and even order assassinations of terrorists.

The president can build military cooperation with international bodies like the United Nations and the North Atlantic Treaty Organization. President Ronald Reagan detailed Marines as peacekeepers and observers during the 1983 civil war in Lebanon. They were part of the Multinational Force that failed in its mission (the war still rages in 2015) and ended with the deaths of 229 American and French service people. Civilian rule of the military is the quintessential ingredient in a free democracy. For that reason, the framers of the US Constitution placed all authority for national defense in the office of the president as commander-in-chief.

Impact

In countries where the civilian leader is also the commander-in-chief, the lines can be blurred between the exercise of absolute power and democracy. The US commander-in-chief depends on Congress to budget money for the military and security agencies. The Supreme Court keeps check on the executive branch to function within the law. The commander-in-chief as president must ask Congress to declare war. This system of separate powers places some limits on the commander-in-chief because of the importance the Constitution places on civilian involvement in national defense.

The National Security Act of 1947 and later amendments created a Department of Defense including the Army, Navy, Marines, and Air Force led by the secretary of defense. The secretary is appointed by the president and affirmed by the US Senate, which provides further civilian oversight. The secretary of defense reports to the president, the commander-in-chief, and is a member of the president’s cabinet.

The secretary of veteran affairs is the other military affairs member of the cabinet. The commander-in-chief is responsible for military tactics, plans, and deployments, but he or she must also guarantee the health, welfare, and safety of men and women returning from active duty, their families, and veterans. They are entitled to benefits determined by Congress. On behalf of the commander-in-chief, the secretary of veteran affairs oversees a vast service network of veterans’ hospitals, clinics, education programs, and financial payments.

Congress gives the president power to issue executive orders as commander-in-chief when the president believes national security demands action. The orders extend from policymaking to military deployments and include use of resources short of all-out war. There is vagueness in the powers of the commander-in-chief that allows the president wide latitude in determining how to define the role of commander. When the president moves too far afield, the courts, Congress, and media remind the president about limits on authority.

When the president believes a foreign war or rebellion threatens the nation, the commander-in-chief may formally proclaim martial law or operate in ways that mimic martial law. Suspected traitors can be arrested, held without trial in secure facilities, and given limited access to legal representation. The commander can suspend civilian law such as refusing requests required in the Freedom of Information Act, thereby restricting information the media can share with their readers and viewers while also arresting whistle blowers and journalists in the name of national security. A great deal is left to the discretion of the commander when martial law supersedes civilian war powers.

President Lincoln’s decisions as commander-in-chief led to the Civil War; others took the nation into world wars. Presidents engaged in wars in Korea, Vietnam, the Caribbean, and throughout the Middle East in the name of national defense. At times, the press, Congress, and even the judiciary branch have been limited in preventing or curtailing expeditions and wars. Some presidential plans have been disabled and their adventures scuppered without the backing of the American people. The commander-in-chief’s role is to balance the different national interests and maintain the unity that keeps democracy intact.

Bibliography

DeConde, Alexander. "Presidential Power." Encyclopedia of the New American Nation, 2015, www.americanforeignrelations.com/O-W/Presidential-Power.html. Accessed 18 Dec. 2024.

Hoffman, Charles-Antoine, and Laura Hudson. Military Responses to Natural Disasters: Last Resort or Inevitable Trend? Practice and Policy Notes. Humanitarian Practices Network, 2015, odihpn.org/publication/military-responses-to-natural-disasters-last-resort-or-inevitable-trend/. Accessed 18 Dec. 2024.

McPherson, James M. Embattled Rebel: Jefferson Davis as Commander in Chief.New York: Penguin Press, 2014.

Moten, Matthew. Presidents and their Generals: an American History of Command in War. Cambridge, MA: Belknap Press, 2014.

Perret, Geoffrey. Lincoln’s War: The Untold Story of America’s Greatest President and Commander-in-chief. New York: Random House, 2004.

Rossiter, Clinton, and Richard P. Longaker. The Supreme Court and the Commander in Chief. New York: Cornell University Press, 1976.

U.S. Constitution. Article II. Legal Information Institute. 2015, www.law.cornell.edu/constitution/articleii. Accessed 18 Dec. 2024.