“The supreme Executive authority of the United States to be vested in a Governour to be elected to serve during good behavior. . . The authorities & functions of the Executive to be as follows: to have a negative on all laws about to be passed, and the execution of all laws passed, to have the direction of war when authorized or begun . . .” [1] “Art. 2, sect. 2. If the president should at any time be incompetent for military command in war, etc. (for he cannot be prevented from taking the chief command when it is his right) and should choose to take the command notwithstanding, what ill consequences may not result? for we know there are many wise and good men, and very fit for civil rulers, but are quite unfit for the command of armies and navies. Would it not be better said, "That the president, with the advice of both Houses of Congress, shall be commander in chief, etc. etc. etc.” –there is a proper time for the President to assume the commander in chief . . . [2] “The President of the United States is to 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." The propriety of this provision is so evident in itself; and it is at the same time so consonant to the precedents of the State constitutions in general, that little need be said to explain or enforce it. Even those of them, which have in other respects coupled the Chief Magistrate with a Council, have for the most part concentred the military authority in him alone. Of all the cares or concerns of government, the direction of war most peculiarly demands those qualities which distinguish the exercise of power by a single hand. The direction of war implies the direction of the common strength; and the power of directing and employing the common strength, forms an usual and essential part in the definition of the executive authority.” [3] “Mr. Mason answered, that it did not resemble the state Constitution, because the governor did not possess such extensive powers as the President, and had no influence over the navy. The liberty of the people had been destroyed by those who were military commanders only. The danger here was greater by the junction of great civil powers to the command of the army and fleet. Although Congress are to raise the army, said he, no security arises from that; for, in time of war, they must and ought to raise an army, which will be numerous, or otherwise, according to the nature of the war, and then the President is to command without any control.” [4] “The President has not the power of declaring war by his own authority, nor that of raising fleets and armies. These powers are vested in other hands. The power of declaring war is expressly given to Congress, that is, to the two branches of the legislature--the Senate, composed of representatives of the state legislatures, the House of Representatives, deputed by the people at large. They have also expressly delegated to them the powers of raising and supporting armies, and of providing and maintaining a navy.” [5] [1]. RECORDS OF THE FEDERAL CONVENTION, press-pubs.uchicago.edu/founders/documents/a2_2_1s1.html [2]. press-pubs.uchicago.edu/founders/documents/a2_2_1s3.html [3]. Alexander Hamilton, Federalist, no. 74, 500, press-pubs.uchicago.edu/founders/documents/a2_2_1s5.html [4]. Debate in Virginia Ratifying Convention, press-pubs.uchicago.edu/founders/documents/a2_2_1s6.html [5]. Debate in North Carolina Ratifying Convention, press-pubs.uchicago.edu/founders/documents/a2_2_1s7.html
Posted on: Mon, 26 Aug 2013 23:20:57 +0000
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