Various Government Questions

Explain the powers of the president as commander-in-chief and the limits placed on these powers by Congress

The President is granted the sole power to be the Commander-in-Chief This is guaranteed by the Constitution . In its simplest view , the President is at the topmost level of the military hierarchy (Army , Navy and Air Force , and hence , the direction of the military and other armed agency should come from his office . This power as a Commander-in-Chief increases during wars and national emergencies . The President during these instances can call out the reserves of

the military , and in fact can authorize a military action from the armed forces even the declaration of war by the Congress . This has happened in many cases in the past when the President s an attack to a country and then report to the Congress

This is very clear : The Constitution vested the powers to the President to be the Commander-in-Chief (Article 2 . But are there any limits to the President 's power as the Commander-in-Chief ? There is much debate on how the Congress can limit these powers . It would be unconstitutional of course , the Congress would pass a law instructing or mandating generals from the military or in the field to report to an official of the Congress , for example , to the Speaker of the House

The Constitution grants the power to declare war only to the Congress and Congress alone . This does not mean though that the Congress may fire the gun first , so to speak . This is usually a reaction to an attack , or possible attack . This also covers the power to make decisions about the scope and duration of a declared war . Other inherent powers of the Congress as vested by the Constitution are the power to raise and support armies ' and make rules concerning captures on land and water

There are previous cases where the Congress has clearly declared the limitation in the President 's power as the Commander-in-Chief

During the early years of the republic in the case of the Quasi War where the Congress authorized the president to clamp down on trade by stopping or preventing ships going to French ports . The president went further and ed the military to stop even those sailing from French ports . The Judiciary declared that the president 's decision to make actions (on military ) beyond what the Congress has declared would be unlawful

A case during 1952 where the president seized steel mills to prevent a strike because the government needs this for the Korean War . This was declared unlawful because the Congress has set a different way of settling labor unrest

The case of Hamdan v . Rumsfeld where Congress has declared that the Military should follow guidelines set by the Congress in cases of detainees to be held against military tribunals

There is no doubt that the Congress can usurp the Commander-in-Chief through the power of the purse , but this would be too drastic a step for them to take and will even...