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To: JrsyJack
FEDERALIST No. 74 The Command of the Military and Naval Forces, and the Pardoning Power of the Executive Alexander Hamilton

THE President of the United States is to 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." The propriety of this provision is so evident in itself, and it is, at the same time, so consonant to the precedents of the State constitutions in general, that little need be said to explain or enforce it. Even those of them which have, in other respects, coupled the chief magistrate with a council, have for the most part concentrated the military authority in him alone. Of all the cares or concerns of government, the direction of war most peculiarly demands those qualities which distinguish the exercise of power by a single hand. The direction of war implies the direction of the common strength; and the power of directing and employing the common strength, forms a usual and essential part in the definition of the executive authority.


Such is the intent of our founding fathers.
36 posted on 08/24/2011 6:51:15 PM PDT by AndyJackson
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To: AndyJackson

“Such is the intent of our founding fathers.”

Not quite. The Federalist Papers are a great resource but they do not have superiority over the US Constitution. The Constitution clearly does not restrict “regulation of the army and navy”. Quite the contrary.

Further, there was great debate among the Founders on War Powers that is too complicated to put into less than several pages of explanation.

Suffice it to say there was healthy debate on the issue.


39 posted on 08/24/2011 7:10:19 PM PDT by rbmillerjr (Perry Palin Perry Pallin Perry Paliln Perry Palin....Rubio?)
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