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To: Jane Long; hoosiermama; All

https://constitutioncenter.org/interactive-constitution/interpretation/article-ii/clauses/345

Commander in Chief Clause

Congress can no more interfere with the President’s conduct of the interrogation of enemy combatants than it can dictate strategic or tactical decisions on the battlefield. Just as statutes that order the President to conduct warfare in a certain manner or for specific goals would be unconstitutional, so too are laws that seek to prevent the President from gaining the intelligence he believes necessary to prevent attacks upon the United States.

In sum, the Commander in Chief Clause gives the President the exclusive power to command the military in operations approved by Congress; it probably gives the President substantial independent power to direct military operations so long has the President does not infringe exclusive powers of Congress or other provisions of the Constitution; and it may (but may not) limit Congress’ power to pass statutes directing or prohibiting particular military activities.

At a minimum, all agree that the Clause has two separate but related purposes: First, in response to the charge in the Declaration of Independence that the King had “affected to render the Military independent of and superior to the Civil Power,” it ensures civilian superintendence over the military—and, as such, the subordination of the military to civilian (and democratically accountable) control. Second, and in contrast to the experience under the Articles of Confederation, it places such civilian superintendence in the hands of a single person. As David Barron and Martin Lederman’s definitive academic study of the Clause explains, “the textual designation of the President as the Commander in Chief was intended to ensure that that officer, and no other, would be ultimately responsible for performing that role, whatever it was to entail.” To that end, they continue, the Clause “suggests that, at least with respect to certain functions, Congress may not (by statute or otherwise) delegate the ultimate command of the army and navy . . . to anyone other than the President.”

A more difficult question is how much authority the Clause gives the President beyond operations approved by Congress. In the debates at Philadelphia, James Madison said that giving Congress the power to declare war would leave the President with power to repel sudden attacks. Presumably this power arises from the Commander in Chief Clause, read to convey independent substantive power to the President to direct the military on matters not related to war initiation. On this basis, Presidents have claimed authority over a range of military actions, including attacking pirates, rescuing U.S. citizens abroad, and making military deployments, although this authority is presumably circumscribed by other provisions of the Constitution and perhaps, some have argued, by international law......part of the


7,364 posted on 12/04/2020 3:06:29 PM PST by STARLIT (“WE CAN'T DIRECT THE WIND BUT WE CAN ADJUST OUR SAILS" )
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To: NIKK

7,365 posted on 12/04/2020 3:13:56 PM PST by Lakeside Granny (Vote RED~R.emove E.very D.emocrat~D&S)
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To: NIKK

“On this basis, Presidents have claimed authority over a range of military actions, including attacking pirates, rescuing U.S. citizens abroad, and making military deployments, although this authority is presumably circumscribed by other provisions of the Constitution and perhaps, some have argued, by international law....“

How does this figure into a foreign entity interfering with our election? Does it give him the authority or the SCOTUS the authority to void the election.


7,369 posted on 12/04/2020 3:18:59 PM PST by hoosiermama (When you open your heart to patriotism, there is not room for prejudice. .DJT )
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To: NIKK; LilFarmer; hoosiermama

Regarding your links, NIKK......

Essentially, it will eventually fall to Mnuchin, as Scty of Treasury.

Am I correct?


7,386 posted on 12/04/2020 4:17:39 PM PST by Jane Long (Praise God, from whom ALL blessings flow.)
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