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The Commander-in-Chief of the United States Armed Forces is the commander of all United States military forces, as well as the military forces of the states that comprise the United States when they are brought under federal control. It is a constitutionally described function of the office of

The President, as Commander-in-Chief, occupies a role that has been described by scholars as that of Generalissimo of the United States.

Background

History

The first invocation of the Commander-in-Chief power was by George Washington. In 1789, acting under the authority of a congressional resolution authorizing the federalization of state militias, Washington ordered Major-General

In Swain v. United States, the Supreme Court went on to rule that "Congress may increase the Army, or reduce the Army, or abolish it altogether; but so long as we have a military force, Congress can not take away from the Prsident the supreme command.[5]

Despite being described by Hamilton as "first General and Admiral of the Confederacy", the position of Commander-in-Chief is not a military office and the "President does not enlist in, and he is not inducted or drafted into, the armed forces. Nor, is he subject to court-martial or other military discipline".^[7]

Legislative limitations

In 1973, the U.S. Congress enacted the War Powers Resolution, which required the president to consult Congress before the onset of hostilities, to report on the deployment of U.S. troops abroad, and to withdraw forces from foreign theaters within 60 days unless a declaration of war or authorization for the use of military force was granted by Congress. Richard Nixon vetoed the legislation, though his veto was subsequently overridden. Despite this, subsequent presidents have generally ignored the War Powers Resolution and no court challenge has been made to enforce it.

Declaration of war

The constitution reserves to the

"Power of the purse"

State military forces

The governors of each of the constituent states of the United States are commanders-in-chief of their own state military forces except when they are brought under control of the United States. This can be accomplished through the voluntary surrender of command by a governor to the President, or by the direct assumption of command by the President following a declaration of war or some other authorizing legislation enacted by the Congress. Under XXXX, the Congress has contingently authorized the President to directly incorporate the National Guard of any individual state into the

Customs and courtesies

Funerary rites

According to the United States Department of Defense "the military ... provides ceremonial support for a state funeral to honor and pay tribute to a former commander-in-chief. A state funeral, as defined in regulation Army Pamphlet 1-1, is the highest category of military funeral honors".

U.S. Army Regulation AR 600–25 6–3 additionally requires that, following the death of the President of the United States, "the commanding officers of all Army installations equipped with the necessary personnel and materiel will require the following: (1) One gun to be fired every half–hour, beginning at reveille and ending at retreat, (2) All soldiers at Army installations and the cadets of the United States Military Academy to be formed and notified of the death".

Saluting

United States soldiers, sailors, airmen, and marines are expected to render honors to the president in his capacity as Commander-in-Chief. Historically, presidents did not return these salutes until the presidency of Ronald Reagan, since which it has become customary to do so. According to multiple sources, Reagan indicated to Commandant of the Marine Corps Gen. Robert Barrow that he felt uncomfortable receiving, but not returning, salutes though was nevertheless aware that it was inappropriate to salute while in civilian clothes. In response, Barrow informed Reagan "he could salute anybody he wished".^[8][9]

Uniforms

Some evidence exists that George Washington wore a military uniform when conducting a field inspection of United States forces in 1792. Since then, presidents have periodically worn elements of military or military-style apparel, such as

In normal practice, the President delegates command of military forces, by the process of commissioning officers. Each military officer's authority to command the forces of the United States draws its legitimacy from the president himself as "Commander in Chief of the Army and Navy of the United States"; as the president cannot reasonably be expected to command every soldier, or any soldier, in the field he delegates his authority to command to officers he commissions.

Ultimately, however, there is no constitutional requirement for the president to delegate his authority and he is entitled to take personal command of troops in the field.[7] During the War of 1812, James Madison famously armed himself with dueling pistols and rallied the United States Army after the fall of Washington, D.C.. Some years earlier, George Washington conducted a field inspection of the United States Army before it crossed into Pennsylvania during anti-insurgency operations in the Whiskey Rebellion.

On several other occasions, presidents have been present in a theater of active combat without actually issuing orders. The Battle of Fort Stevens has been noted for the personal presence of Abraham Lincoln during the fighting.

In yet other instances, presidents have directly involved themselves in the minutia of strategic military operations. During

References