commander and chief or commander in chief

The Supreme Court did not think it apparent that the Commander in Chief Power necessarily entailed all of the attributes available to a sovereign under the laws and usages of war, even in cases of war declared by Congress. He stated: “Though the president might, there was no necessity that he should, take the command in person and there was no probability that he would do so, except in extraordinary emergencies, and when he was possessed of superior military talents.” 5 Footnote Id. Justice Story took note of the debate regarding the propriety of the President taking command of the armed forces in person, explaining the apparent consensus. In his Commentaries on the Constitution of the United States, Justice Joseph Story wrote of the debates accompanying the ratification of the Constitution, stating: “The propriety of admitting the president to be commander in chief, so far as to give orders, and have a general superintendency, was admitted.” 4 Footnote 3 Joseph Story, Commentaries on the Constitution Of The United States § 1492 (1833). Alexander Hamilton said the office “would amount to nothing more than the supreme command and direction of the Military and naval forces, as first general and admiral of the confederacy.” 3 Footnote The Federalist No. In the Virginia ratifying convention, Madison, replying to Patrick Henry’s objection that danger lurked in giving the President control of the military, said: “Would the honorable member say that the sword ought to be put in the hands of the representatives of the people, or in other hands independent of the government altogether?” 3 Elliot, supra note 1, at 393.Įarly cases and commentary emphasized the purely military aspects of the Commander in Chiefship.

and because the lesson of English history was that danger lurked in vesting command in a person separate from the responsible political leaders. The secrecy, dispatch, and decision, which are necessary in military operations can only be expected from one person.” 4 Jonathan Elliot, The Debates in the Several State Conventions on the Adoption of the Federal Constitution 107 (2d ed.1836). During the North Carolina Ratifying Convention, James Iredell said: “From the nature of the thing, the command of armies ought to be delegated to one person only. May, The President Shall Be Commander in Chief, in The Ultimate Decision: The President as Commander In Chief 3, 6–7 (E. From the evidence available, it appears that the Framers vested the duty in the President because experience in the Continental Congress had disclosed the expediency of vesting command in a single official 1 Footnote Earnest R. Surprisingly little discussion of the Commander in Chief Clause occurred in the Constitutional Convention or in the ratifying debates. 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. ArtII.S2.C1.1.1 Historical Background on Commander in Chief Clause

Commander and chief or commander in chief