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2007-02-14 11:59:06 · 7 answers · asked by The Hater of Blow Dryers 1 in Politics & Government Government

7 answers

Chief Executive (the President).

2007-02-14 12:05:21 · answer #1 · answered by Yo it's Me 7 · 0 0

No simple answer.

It depends what you mean by "control of the military." The President or executive is the Commander in Chief, but only Congress has the power to declare war, and Congress has control over all funding (subject to Presidential veto) which includes the right to cut off funding, or supply funding, to the military. And of course, the military is subject to the judiciary's interpretation of the laws.

In addition, all treaties, some of which impact deployment of military, are negotiated by the President but have to be confirmed by the Senate before the become the law of the US.

The Constitution pretty clearly divides responsibility for control of the military between the President, the Congress and the Judiciary -- in part because control of the military by any single branch is dangerous to democracy, as has been proven in many countries. The Founders didn't even expect or want the US to have a standing army.

Added note: In response to the material added to the answer just above me: The person usefully quotes from the Constitution about the powers of Congress regarding the military (Article1) and the powers of the President (Article II). (Although he mistakeningly and misleading says Article I is about the President's powers.) The Posse Comitatus Act is not part of the Constitution.

2007-02-14 12:14:12 · answer #2 · answered by C_Bar 7 · 0 0

The President is the titular "Commander in Chief" of the Military extension of the Government. The Congress must authorize His use of the Military.
Look up The 'Posse Comitatis' Act (18USC 18 / 1385) passed into law, June 18th, 1878, and read what it says.

"Whoever except in cases and under circumstances expressly authorized by The Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse Comitatus or otherwise to execute the laws shall be fined under this title or imprisoned for not more than two years or both"

Under the Constitution of The United States of America the President's authority is vested in Article I Section 2:-

"The congress shall have the power to provide for the common defense and the general welfare of the United States......to declare war, grant letters of marque and reprisal, and to make rules concerning captures on land and water......to raise and support armies......to provide to maintain a navy......to provide for organizing, arming, and disciplining the militia......"

and in Article II, Section 8:-

"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 into the actual service of the several states......He shall have power, by and with the advice and consent of the Senate to make treaties, provided two thirds of the Senate concur."

2007-02-14 12:09:08 · answer #3 · answered by Ashleigh 7 · 0 0

Article II Section 2 gives the President, the Commander-in-Chief, control of the military if they are called to duty- meaning Congress votes to declare war (Article I Section 8).

2007-02-14 12:02:29 · answer #4 · answered by neofascistpriest 2 · 0 0

The President is the supreme commander of the military.

2007-02-14 12:07:49 · answer #5 · answered by Gee Wye 6 · 0 0

The president iss the commander and chief.

Unfortuanetly congress has usurped alot of the presidents power over the military, and the supreme court has done nothing to stop them.

2007-02-14 12:41:39 · answer #6 · answered by Proverbs 1:7 2 · 0 1

President, hence the title "commander in chief"

2007-02-14 12:02:23 · answer #7 · answered by spewing_originality 3 · 0 0

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