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When is the President the Commander in Chief?

JT For Political Reform 2013/03/21 15:09:45
In the 20th century, America has been involved in 19 conflicts in which Congress has not declared war as the Constitution
requires and service members have lost their lives in each of these 19
conflicts. The total number of service members who died as a result of
these unconstitutional wars, which are conflicts not declared by the
constitutionally predetermined authority, is just less than 100,000. But
even the loss of one life is a tragedy to the family of the killed
service member and is completely illegal when the conflict was not
approved by representatives of the people and the States.


Conflicts
that are not declared by Congress are unwarranted and most of this
unwarranted militarism is the result of the American public’s apathetic
understanding of and desire for accountability to constitutional war
powers, the Law of Nations, the Just War Doctrine,[1] and the role of
the President as Commander in Chief. If the President is always the
Commander in Chief, then one would expect he has the authority to use
the military, without the consent of Congress, whenever and however he
thinks best to ‘protect’ the nation. Coincidentally, many Presidents in
the 20th century have used the military in this manner.



The belief that the President is the Commander in Chief when he takes
the oath of office is not in accordance with the “supreme law of the
Land”, which is the US Constitution. The first clause in Article II,
Section 2 of the US Constitution declares, “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 actual Service of the
United States.” Without ambiguity this clause states the President only
becomes the Commander in Chief when the armed forces; i.e., Army, Navy,
Marine Corps, Air Force, National Guard, and Reserves are “called” into
Service of the United States

The power to “call” up the armed forces into “Service”, is only
delegated to Congress and is found in Article I, which lists most all[2]
of the powers delegated to Congress. “We the people” have delegated the
following powers to Congress in clauses 11 through 16 of Article I, Section 8:
“to declare war,” “raise and support Armies,” “provide and maintain a
navy,” “make Rules for the Government and Regulation of the land and
naval Forces,” “to provide for the calling forth the Militia,” “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.”



Considering that the clause from Article II restricts the President’s
role as Commander in Chief to when the armed forces are called into
actual Service and Article I provides Congress a wide range of powers
including the power to declare war, employ the armed forces, regulate
them, and maintain and fund them,
it is clear only Congress can authorize the use of military force. It
is also important to note the use of military force includes aggressive
action without the use of troops on the ground, like bombing another
nation from aircraft or shooting missiles into a country.



America’s involvement in armed conflict was intended to be completely
within the authority of Congress; not in the hands of one man. But, not
even Congress has been delegated the authority to draft American
citizens to serve in a war they declare. The words used to express the
powers delegated to Congress for forming armies, ‘raise’ and ‘calling
forth’, are clear and concise in their meaning. ‘Raise’ means to make or
form; to collect; to enlist and ‘calling forth’ means bringing or
summoning to action. Neither of these two words even implies Congress
has the authority to order citizens, against their will, to serve in a
war for which citizens do not agree. This is a check
and balance against unconstitutional wars, because if the President or
Congress engaged America in an unconstitutional war, without the power
to draft citizens into service, they would have to worry if the citizens
would support them in their endeavor.



Article I also makes clear standing armies are not authorized. Clause 12 and 13 of Article I, Section 8 states “To raise and support armies, but no appropriation of money to that use shall be for longer term than two years;” and “To provide and maintain a navy.” The Constitution
uses the term “armies” instead of “an army” and it only authorizes
“armies” to be funded for two years at a time, whereas it authorizes a
standing navy to be provided and maintained at all times. The reason
for this is that the founders understood standing armies pose a threat
to the liberty of the citizens. Sailors will not march into States and cities
to impose martial law upon the citizens, but standing armies can. A
navy and, by the same reasoning, an air force provide a true defense
against foreign invasion while not posing a threat to the liberty of
American citizens.

If you are sick to your stomach when hearing about American service
members killed in undeclared wars around the world, then demand your US
Representative and Senators limit the use of the military to only when
Congress constitutionally declares war; ensure they uphold the Law of
Nations and the Just War Doctrine when voting to declare war; and help
others understand, especially politicians and news anchors, the
President is not the Commander in Chief unless war is properly declared.



[1] American Founding Principles, Law of Nations, September 18, 2012.

[2] Generally, Article I covers everything concerning the Legislative Branch, Article II covers everything concerning the Executive
Branch, and Article III covers everything concerning the Judiciary
Branch, but the Legislative Branch is the only branch delegated a power
in another Article.


CDR Matthew W. Shipley, graduated from Navy
recruit training in January 1985, Electronics Technician “A” School in
October 1985, Naval Academy Preparatory School in 1987 and the United
States Naval Academy in 1991.



Shipley’s tours include Assistant Platoon Commander at SEAL Team EIGHT,
test article Officer-in-Charge of a Mark V Special Operations Craft
(SOC) at United States Special Operations Command, Operations Officer at
Special Boat Unit TWENTY, Mk V SOC Liaison Officer to Special
Operations Command European Command, Naval Special Warfare Task Unit
(NSWTU) Commander for a Mediterranean Amphibious Ready Group, and
Platoon Commander at SEAL Team EIGHT.



As a reservist, Shipley served as Executive Officer of Navy Reserve
Naval Special Warfare Group TWO Detachment 309, as Executive Officer of
SEAL Team THREE deployed to Fallujah, Iraq in 2006, as NSWTU Commander
Manda Bay, Kenya in Oct 2006 – Mar 2007, and as the Commanding Officer
of SEAL Unit EIGHTEEN in Little Creek, Virginia from Dec 2009 – Dec
2011. He retired from the US Navy in Jan 2013.



Shipley’s awards include: Bronze Star Medal, Meritorious Defense Service
Medal, Joint Service Commendation Medal, Navy Commendation Medal, Navy
Achievement Medal and various unit, campaign and service awards.



.

Read More: http://canadafreepress.com/index.php/article/53928...

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Opinions

  • joe keeney 2013/03/21 23:47:42
    joe keeney
    +1
    Police actions.
  • MsTlynne 2013/03/21 17:02:12
    MsTlynne
    ALL active duty U.S. military people are in the service of the US. You are not entitled to your own interpretation of The Constitution.
    True, it's not ambiguous at all. You're just flat-out WRONG. Have YOU ever served in the US military? You would know that if you had.
  • JT For ... MsTlynne 2013/03/22 00:05:48
    JT For Political Reform
    This is not my interpretation of the Constitution. Guess you missed the part where this article was written and by whom.

    I served two tours in Vietnam. What have you ever done for your country?
  • MsTlynne JT For ... 2013/03/22 14:11:14
    MsTlynne
    I am a retired army. Even if it's not your interpretation, you passed on bogus information. The least you can do before posting an article is verify whether the information is correct. As a veteran, YOU should have known when the President is considered the Commander in Chief.
    You failed.
  • JT For ... MsTlynne 2013/03/22 15:49:29
    JT For Political Reform
    Your not very bright are you? The President is the commander in chief but he does not have the authority to get us involved in war, only congress can declare war at and once we are involved in a war he becomes Commander in Chief. Read the constitution before trying to baffle people with stupidity.
  • MsTlynne JT For ... 2013/03/22 15:52:20
    MsTlynne
    I answered the question YOU posed (see the title of your own poll).
    You're not very bright are you?
    You failed, again.
  • JT For ... MsTlynne 2013/03/22 16:46:19
    JT For Political Reform
    The Constitution of the United States:

    Article ll; Section 1 and Section 2.

    You need to read it, that way you can see exactly how much an idiot you have been during this conversation. You have no clue lady.
  • JT For ... JT For ... 2013/03/22 16:47:31
    JT For Political Reform
    One other thing, read the article above instead of trying to make this a black issue. Talk about a racist idiot, you fit the bill.
  • MsTlynne JT For ... 2013/03/22 16:47:54
    MsTlynne
    I do have a clue to what YOU asked in the title of YOUR poll. That is what I was addressing. If you have another question, ask it. You make yourself look the fool.
  • JT For ... MsTlynne 2013/03/22 20:42:56
    JT For Political Reform
    You haven't read a damn thing, talk about a fool. You keep making yourself look stupid. Either put up or shut up. The constitution is as read, you should read it sometime, it might even make you look like you really do have a brain.
  • MsTlynne JT For ... 2013/03/22 20:46:34
    MsTlynne
    I read your poll, but I responded to the question you asked in the TITLE OF YOUR POLL. If you want a different answer, ask it. YOU have no brain.

    Making yourself look so stupid may be the reason no one else is bothering with your poll.
  • JT For Political Reform 2013/03/21 15:12:40
    JT For Political Reform
    {The belief that the President is the Commander in Chief when he takes the oath of office is not in accordance with the “supreme law of the Land”, which is the US Constitution. The first clause in Article II, Section 2 of the US Constitution declares, “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 actual Service of the United States.” Without ambiguity this clause states the President only becomes the Commander in Chief when the armed forces; i.e., Army, Navy, Marine Corps, Air Force, National Guard, and Reserves are “called” into Service of the United States.}

    Let's start reminding our politicians what duties the constitution gives all of them and how they apply.

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