Article I, Section 8 - The Legislative Branch - "To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy"
Article II, Section 2 - The Executive Branch - "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"
The powers of the individual Branches of government concerning the United States Military are clearly out lined in the Constitution. The separation of those powers concerning their duties and responsibilities are precise and distinct to each Branch.Article II which covers the governmental responsibilities of both Houses of Congress distinctly places the responsibility of provision for and maintenance of the military specifically in the duties of the United States House of Representatives and Senate.
Congress therefor provides funding, for every aspect of military existence from operations to equipment. The specific responsibility , " raise and support Armies," and , "provide and maintain a Navy, " are specifically out lines in Section 8. Additionally appropriating funding for this provision is stated as not to exceed a period of, "two years, " without review by the Congress for the appropriation of funding.
The actual use of the military Constitutionally is the sole responsibility of the Executive Branch and specifically The President of The United States as Commander in Chief. Article II, Section 2 specifically states that , "The President shall be Commander in Chief of the Army and Navy of the United States."As Commander in Chief, the President is the appointed governmental head of the military and as stated in the Constitution he, " he may require the Opinion, " of Department Heads in his responsibility as Commander in Chief, but he alone is the sole Constitutionally appointed officer of the government for the military and responsible for the military, "when called into the actual Service of the United States."
The total misconception that Congress also has responsibility for military action is found nowhere in the Constitution. The sole responsibility of the Congress for the military is provision and maintenance. They have no authority to create or implement strategy, deployment, or any other command decision. The Congress can as a course of action to limit the command capability of the President cut funding to the military but have absolutely no Constitutional responsibilities concerning any command decisions or strategy for the use of the military.
The President as Commander in Chief commands all decisions concerning use of the military in defense of the United States as part of his Constitutional oath to, "defend and protect the Constitution." He does have to request from the Congress any and all funding for use of the military whether in war or in peace. The Constitution does not require the President at any time to consult with or receive authorization from the Congress for matters of strategy, deployment or any other commander decision when using the military in , "actual Service of the United States."
The authorization in declaring war is given by Congressional authority but once given whether in an actual official declaration of war or in a use of force resolution, the President then under his authority as Commander in Chief authorizes and delegates all command decisions as need be for military action.
Any attempt by the Congress to micro-manage military action through legislation would first face a Presidential VETO. Then if that VETO were to be over turned the legislation would face a Supreme Court challenge in which the Court by strict Constitutional standards would be compelled to over turn because of the clear and distinct Separation of Powers in the Constitution concerning military operations and especially the use thereof in, "actual Service of the United States."
The only Constitutionally legal action that the Congress can take in ending the use of the military is through their authority of provision. They do have the Constitutional authority do de-fund military action which would force the Commander in Chief to end military action since he could no longer supply the Soldiers, Seaman, Marines and air Force with the necessary means to fulfill their duty in defense of The United States.
Any other action by the Congress to attempt to control any aspect of the military other then funding is in direct violation of the Constitution and therefor under United States law illegal.
Ken Taylor
