The
president has the power to wage war. The president’s role as commander-in-chief
provides for civilian control of the military. The U.S. legislature’s power to
declare war and the president’s power to command the armed forces are examples
of the system of checks and balances.
The War Powers
Resolution (1973) was an attempt to clarify the relationship
between the president and Congress in military matters.
Supreme
Court cases involving the president’s power as Commander in Chief include Korematsu v. United States
(1944) and Youngstown Company v. Sawyer
(1952).
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 Offenses against the United States, except in
Cases of Impeachment.
He shall have Power, by and
with the Advice and Consent of the Senate, to make Treaties, provided two
thirds of the Senators present concur;
and he shall nominate, and by and with the Advice and Consent of the Senate,
shall appoint Ambassadors, other public Ministers and Consuls, Judges of the
supreme Court, and all other Officers of the United States, whose Appointments
are not herein otherwise provided for, and which shall be established by Law:
but the Congress may by Law vest the Appointment of such inferior Officers, as
they think proper, in the President alone, in the Courts of Law, or in the
Heads of Departments.
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