Radical Avenue

Article 1 of the Constitution describes Congress’ authority over the U.S. Armed Forces.
“The Congress shall have Power To provide for the common Defence, …To raise and support Armies
…To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces;
…To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
…To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States”

Alexander Hamilton contemplated a limited role for the commander in chief. “The President is to be commander-in-chief of the army and navy of the United States. . . . It would amount to nothing more than the supreme command and direction of the military and naval forces, as first General and Admiral of the Confederacy; while that of the British king extends to the declaring of war and the raising and regulating of fleets and armies, …all of which by the Constitution under consideration, would appertain to the legislature.”

Our fourth president, James Madison, is often known as the father of the U.S. Constitution. He wrote extensively about the role of Congress in sending our troops into battle. “. . . The power to declare war, including the power of judging the causes of war, is fully and exclusively vested in the legislature . . . the executive has no right, in any case, to decide the question, whether there is or is not cause for declaring war.”

“The constitution supposes, what the History of all Governments demonstrates, that the Executive is the branch of power most interested in war, and most prone to it. It has accordingly with studied care vested the question of war to the Legislature.”

Patrick Henry was one of the most outspoken and eloquent American colonists. He fervently supported revolution against the British Empire and is most famous for his proclamation “Give me Liberty or give me death.” Patrick Henry thought the Constitution allocated too much power to the president and the federal government. He opposed its adoption on these grounds.

“This Constitution is said to have beautiful features; but when I come to examine these features, sir, they appear to me horribly frightful. Among other deformities, it has an awful squinting; it squints towards monarchy; and does not this raise indignation in the breast of every true American?

Your President may easily become king. Your Senate is so imperfectly constructed that your dearest rights may be sacrificed by what may be a small minority…Where are your checks in this government?”

Commander In Chief, Constitution, Founding Fathers, Patrick Henry, James Madison, Alexander Hamilton