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The War on Terrorism and the Commander in Chief Clause: Delegation of the President's Command Authority

PublisherThe Federalist Society
Format HTMLDate added25 Feb 2005
Topics Anti-Hacking, Network Security
Downloads22

This paper describes the Commander in Chief Clause of the Constitution, which provides an important institutional limit on the authority of the President during times of war and emergency. On one level, the Clause empowers the Executive Branch at the expense of the Congress and the Judiciary, placing the most potent instruments of the nation under the President's control. On another level, however, the Clause compels the President to shoulder accountability for military operations. As policymakers formulate a military response to the terrorist attacks of September 11, they should ensure that any arrangement that grants command over the armed forces to an international or foreign entity comports with the Clause.

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