72, Hamilton observed that the “administration of government” falls “peculiarly within the province of the executive department.” That power includes the conduct of foreign affairs, the preparation of the budget, the expenditure of appropriated funds, and the direction of the military and “the operations of war.” As the Framers understood, success in the conduct of war demands the unique qualities of the president—unity, decisiveness, speed, secrecy, and energy. As the U.S. Supreme Court explained in the Korean War-related case of Youngstown Sheet & Tube Co. v. Sawyer, the president’s power as Commander in Chief increases whenever Congress clearly expresses its intent to support the actions of the Commander in Chief. President of the United States is the commander in chief of the armed forces. Requirements to Become President of the United States, Current Justices of the U.S. Supreme Court, U.S. Constitution - Article I, Section 10, Cherokee Nation v. Georgia: The Case and Its Impact, Pictures and Trivia About the Presidents of the United States, 5 Presidents Who Were Sued By Members of Congress, Continental Congress: History, Significance, and Purpose, The Most Important Inventions of the Industrial Revolution, Authorization for Use of Military Force Against Terrorists Act (AUMF), “other” ways of changing the Constitution, U.S. The U.S. Constitution says, "The President shall be Commander in Chief of the Army and Navy of the United States," which also applies to other branches, such as the Air Force. So how, exactly, does 45 plan on spending his last hours in the Oval Office? Two substantial constitutional debates involve the Commander in Chief Clause. In the case of the overall war on terror, the AUMF expressed Congress’s intent to support future actions taken by the president. The commander-in-chief of the US military at any given time is the president of the United States. As a classic example of “other” ways of changing the Constitution, the AUMF, while not declaring war, expanded the president’s constitutional military powers as Commander in Chief. 1996), H. JEFFERSON POWELL, THE PRESIDENT’S AUTHORITY OVER FOREIGN AFFAIRS: AN ESSAY IN CONSTITUTIONAL INTERPRETATION (2002), Saikrishna Prakash, The Separation and Overlap of War and Military Powers, 87 TEX. This is established in the US Constitution, though in the past other high ranking military officials have also used the title “commander-in-chief” to refer to their position as commander of large operations. The Commander in Chief Clause assures that there can be no military force beyond the president’s control. 123 (2007), LOUIS FISHER, PRESIDENTIAL WAR POWER (2d ed. He is a true Commander in Chief in support of our military men and women. Finally, in the 2008 case of Boumediene v. Bush, the Supreme Court ruled 5-4 that the constitutionally guaranteed right of habeas corpus review applied to the GITMO detainees, as well as to any person designated as an “enemy combatant” held there. Press Secretary Jen Psaki said President Joe Biden had an "incredible sense of calm" as he entered the Oval Office for the first time as commander-in-chief on Wednesday afternoon. The U.S. Constitution declares the President of the United States to be the “Commander in Chief” of the U.S. military. 2004), LOUIS HENKIN, FOREIGN AFFAIRS AND THE UNITED STATES CONSTITUTION (2d ed. In the case of Dr. Sean P. Conley, the White House physician and Navy doctor, the patient is both the boss and the commander in chief. Constitutional experts have been debating the CiC's duties for a long time. 689 (2008), David J. Barron & Martin S. Lederman, The Commander in Chief at the Lowest Ebb—A Constitutional History, 121 HARV. Naval base located at Guantanamo Bay, Cuba. 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