Author Topic: Wording issue: Commander in Chief  (Read 2370 times)

kevin kuswa

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Wording issue: Commander in Chief
« on: May 29, 2013, 12:21:31 PM »
Something else people can start thinking about and researching is the distinction between "President's Commander in Chief war power" and simply "Presidential war powers."  We will have a bit on this in our document, but we have not focused on it sufficiently just yet.

They both get at the same types of areas, but "war powers" may be a bit bigger because those powers would also rely on the president's power as the Chief Executor and any other claims on military authority (including statutory grants of authority).

In other words, "war powers" alone without tying it to the CiC could expand aff ground to military conduct, DADT, more trials and commissions questions, weapons development, etc.

Of course using CiC would not automatically limit out those other "pre war" and general military areas, but it could.  When you read the big Court cases in this area (joy), especially some of the dissents, you'll see the President's Constitutional war powers tied to more than just the Commander in Chief and you will also see some of the general war powers exercised by the President coming from Congressional allocation of such authority through statutes.

Any insight or thought on this question would be mighty helpful.