Question about the Commander in Chief title

[FreedomAngel82]

I keep hearing rightwingers on shows say how the CIC has more power during war time. It's my understanding that the CIC is just the title with the military and has final say with military issues and not other wise with American citizen's and can't override Constitutional amendments such as the fourth. Is this right?

[liveoaktx]

1. That's my understanding, too. He is not MY CIC, I'm not in the military

[Deep13]

2. right

It means he is the ultimate general officer. No general or admiral is superior to the civilian president. That's all it means. The president is the executive and is sworn to enforce the law. The law is made by Congress or is stated in the Constitution. No president may override that at any time. My understanding is that a time of war only exists for legal purposes when Congress issues a declaration of war. That has not happened.

[Lerkfish]

3. I'm no lawyer, but I think you're right.

[Loonman]

4. He has sole authority to order the launch of nuclear weapons

Sounds like CIC if you can fry the entire planet from your easy chair.

[FreedomAngel82]

5. Right

That's what I thought. :) Just wanted to be confident. I've read through the Constitution and that's what I gathered about the CIC from reading that.

[rsdsharp]

6. Article II Section 2 of the Constitution

provides that the "President shall be the Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States when called actual Service of the United States."

In Article I Section 8, Congress was given the sole power to declare war, and the sole power to raise and support Armies (for periods of no more than two years per appropriation), and the provide and maintain a Navy. This clearly indicates that there are restrictions on the President's martial authority. Article II provides for no additional Presidential power in war time. In fact, Article I Section 9 provides that habeas Corpus may be suspended in cases of Rebellion or Invasion if the public safety requires it. The clause is silent as to who has the power, but given that it appears in Article I, it is Congress, not the President who can allow people to be jailed without charge in limited circumstances.

For all of the checks and balances (and these are just a couple) the States still refused to ratify the Constitution without the inclusion of the Bill of Rights -- including the Fourth Amendment.