Because it's so relevant to the current debate about who should be representing the people, who should be running the war, and how they're supposed to make and enforce policy for this country, I thought I would throw out a quote from the Supreme Court case Youngstown Sheet & Tube Co. v. Sawyer. It was argued that President Truman had to take matters into his own hands during the Korean War and everyone was arguing about letting the Commander in Chief do what he has to do for the war, which in this case included seizing steel factories so they couldn't strike and MAKING them keep producing steel during the war.
In one of the most important discussions of separation of powers handed-down by the court, they found (in a vote of 6-3) that it didn't make any difference that Truman was the Commander in Chief *EVEN AS IT CAME TO DECIDING HOW TO RUN A WAR.*
I found this quote from Justice Jackson to be particularly illuminating:
Congress alone controls the raising of revenues and their appropriation and may determine in what manner and by what means they shall be spent for military and naval procurement.
[T]he Constitution did not contemplate that the title Commander in Chief of the Army and Navy will constitute him also Commander in Chief of the country...
He has no monopoly of "war powers," whatever they are.
[That] military power of the Commander in Chief were not to supersede representative government...seems obvious from the Constitution and from elementary American history.
People are trying to spin the Iraq funding bill as if Congress is overstepping its authority and endangering troops, when in fact Congress is doing its job -- a job that belongs only to it (and NOT to the President).
I think it's so important (SO SO IMPORTANT) what this case says about the President NOT having a monopoly on war powers.
He's one piece in this puzzle, and probably not even the most important one, and he is NOT bestowed with a war power that supersedes representative government (CONGRESS!).
Think about how much MORE desperate the situation could have been for Truman -- forget money to keep financing an already-financed war -- he was faced with a situation in which his army wouldn't even physically have guns or tanks or any of the most basic things it would need to fight, and STILL it was appropriate for Congress and NO ONE ELSE to decide how money should be spent and where it should come from and they were NOT obliged to do what the president wanted just because of the title "Commander in Chief."
VC