Also known as: military commanders · commander
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An office vested in the President by the Constitution that confers supreme command over the Army, Navy, and state militia when called into federal service. The office carries authority to direct military operations and to require written opinions from department heads on matters within their duties.
An office vested in the President by the Constitution that confers supreme command over the Army, Navy, and state militia when called into federal service. The office carries authority to direct military operations and to require written opinions from department heads on matters within their duties.
Select any source to read its text and confirm it supports the definition.
A superior officer who exercises effective command and control over subordinate forces and who may incur criminal liability for offenses committed by those forces when the commander knew or should have known of the crimes and failed to take necessary measures to prevent or punish them.
Select any source to read its text and confirm it supports the definition.
A superior officer who exercises effective command and control over subordinate forces and who may incur criminal liability for offenses committed by those forces when the commander knew or should have known of the crimes and failed to take necessary measures to prevent or punish them.
Each sense below has its own examples, sources, and questions.
During an overseas conflict, President Marcus Mitchell issued an order directing federal officials to occupy Elm Industries' plant to produce armored vehicles. The company challenged the order in court. The directive invoked the President's authority as military commander to meet urgent defense needs.
President Miles Montgomery removed a postmaster without Senate consent. The officer sued for back pay. The action tested the scope of the President's power as military commander to supervise executive subordinates.
Military Commander Michelle Murphy directed seizure of enemy property during hostilities. The owner challenged the action as unauthorized. The commander's power turned on whether Congress had granted authority for land captures beyond naval operations.
Yes. Article II Section 2 designates the President as Commander in Chief of the Army and Navy and of the militia when called into federal service.
Supporting sources
Military Commander Musa Mensah oversaw a base abroad where a civilian spouse faced a foreign tribunal under an executive agreement. The spouse challenged the arrangement. The commander's authority over the base community supported the disciplinary framework.
Military Commander Miguel Mendoza held an enemy combatant at a detention facility. The detainee sought habeas relief claiming inadequate process. The commander's effective control over the facility triggered obligations to provide notice and a hearing opportunity.
Military Commander Mason McCarthy convened a commission to try a detainee. The detainee argued the procedures violated statutory requirements. The commander's authority to establish the tribunal depended on compliance with congressional limits on military justice.
A military commander incurs liability under international law when forces under effective command commit crimes, the commander knew or should have known of the crimes, and the commander failed to take all necessary measures to prevent or repress them.
Supporting sources
No. The doctrine extends to any person effectively acting as a military commander who exercises effective authority and control over forces, including certain civilians in de facto command positions.
Supporting sources
…only official in the government who is elected by the entire nation. The President's authority is both broad and deep. He is the Commander in Chief of the Armed Forces, he appoints and receives ambassadors, he has the power to grant reprieves and pardons, and he has the power to take care that the laws be faithfully…