Monday, March 2, 2026

The Constitution needs to be Amended: The Commander in Chief should not be the President.

 

If the founders should have learned anything from the English Civil War and Standing Armies issue, it should have been that the Commander in Chief of the Armed Forces should not be the King, President, or whatever you wish to call the executive. It should be separate and under the control of the legislature. It should not be able to act unilaterally unless then is an actual attack on the territory.

Under the constitution, only Congress can declare war. However, that power has been usurped innumerable times by the president. And the result is usually disastrous, as is the current case.

Toss in that the Executive should not use the military without authorisation from the people's representatives.

Article II, Section 2  which states:

    "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" 

 Should be amended to:

"The Commander in Chief of the United States armed forces, and of the  National Guards of the several States, when called into the actual Service of the United States, shall be nominated by the senior military staff with the appointment ratified by congress. This position is responsible to and reports solely to the Legislature, unless there is a declared national emergency."

The routine administration of the military should be delegated to a Defence Council, a body officially charged with the direction and command of the Armed Forces.

While the administration of the military should be military, the ultimate control would rest with the legislature.  

The power to declare war is vested in the legislature under the US Constitution: they should be the ones to have power over the military. 

 


 

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