Start Date
18-3-2025 12:45 PM
End Date
18-3-2025 2:00 PM
Level of Education
Faculty
Keywords
Command in Chief, Military Force, Declaration of War, Congressional, Constitution, Unitary Executive Theory
Abstract
The modern era has seen the rise of the Unitary Executive Theory which holds the Constitution’s Article II executive gives the President unchecked Command in Chief authority to use military force. The Unitary Executive Theory goes against the original intent of the Founding Fathers. The Declaration of Independence justified the foundation of a new republic on the King's abuses of power and violations of the rule of law. The Founding Fathers had a central concern to avoid executive abuses. Only reassurance that the humble George Washington, known for moderation in the exercise of power, persuaded the founders to create an executive branch.
The Original Intent of the President’s Commander in Chief authority gives the President operational authority over the military and foreign policy of the nation. However, executive power is subject to Congressional authority and direction while the decision to take the nation to war reserved to Congress. The President has authority only for immediate response to attacks upon the United States.
Modern day Presidents have abused their Command in Chief and have involved the United States in numerous unnecessary conflicts lacking clear goals and sound strategy. Unlimited Presidential authority to use military force has made the nation less safe. Further, the Republic has been weakened as Presidents have increasingly centralized authority and Congressional power has weakened. The original intent of the Constitution for limited Presidential power in which even Command in Chief authority to subjective to Congressional checks and overcite must be restored. Congress needs to pass legislation clarifying the proper limits and processes for the use of military force both to restore the Constitutional limits and adapt the national strategy to the challenges of the 21st Century.
[1] Thomas Jefferson, “Draft of the Declaration of Independence.” (Washington, DC, National Archives), https://www.archives.gov/founding-docs/declaration-transcript.
[2] David J. Barron and Martin S. Lederman, The Commander in Chief at the Lowest Ebb – Framing the Problem, Doctrine, and Original Understanding, “121 Harvard Law Review 767 (January 2008)., 770-773.
Unitary Executive Theory, Original Intent and Commander in Chief Authority to Use Military Force
The modern era has seen the rise of the Unitary Executive Theory which holds the Constitution’s Article II executive gives the President unchecked Command in Chief authority to use military force. The Unitary Executive Theory goes against the original intent of the Founding Fathers. The Declaration of Independence justified the foundation of a new republic on the King's abuses of power and violations of the rule of law. The Founding Fathers had a central concern to avoid executive abuses. Only reassurance that the humble George Washington, known for moderation in the exercise of power, persuaded the founders to create an executive branch.
The Original Intent of the President’s Commander in Chief authority gives the President operational authority over the military and foreign policy of the nation. However, executive power is subject to Congressional authority and direction while the decision to take the nation to war reserved to Congress. The President has authority only for immediate response to attacks upon the United States.
Modern day Presidents have abused their Command in Chief and have involved the United States in numerous unnecessary conflicts lacking clear goals and sound strategy. Unlimited Presidential authority to use military force has made the nation less safe. Further, the Republic has been weakened as Presidents have increasingly centralized authority and Congressional power has weakened. The original intent of the Constitution for limited Presidential power in which even Command in Chief authority to subjective to Congressional checks and overcite must be restored. Congress needs to pass legislation clarifying the proper limits and processes for the use of military force both to restore the Constitutional limits and adapt the national strategy to the challenges of the 21st Century.
[1] Thomas Jefferson, “Draft of the Declaration of Independence.” (Washington, DC, National Archives), https://www.archives.gov/founding-docs/declaration-transcript.
[2] David J. Barron and Martin S. Lederman, The Commander in Chief at the Lowest Ebb – Framing the Problem, Doctrine, and Original Understanding, “121 Harvard Law Review 767 (January 2008)., 770-773.
