

The answer then given was, that though the president might, there was no necessity that he should, take the command in person and there was no probability that he would do so, except in extraordinary emergencies, and when he was possessed of superior military talents.” 2 Footnote 3 J. The consent of both houses of Congress ought, therefore, to be required, before he should take the actual command. But it was urged, that it would be dangerous to let him command in person, without any restraint, as he might make a bad use of it. Story wrote in his Commentaries: “The propriety of admitting the president to be commander in chief, so far as to give orders, and have a general superintendency, was admitted. 69, at 465 (Alexander Hamilton) (Jacob E. Hamilton said the office “would amount to nothing more than the supreme command and direction of the Military and naval forces, as first general and admiral of the confederacy.” 1 Footnote The Federalist No. The purely military aspects of the Commander-in-Chiefship were those that were originally stressed. The President shall be 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 United States he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.


ArtII.S2.C1.1.2 Commander in Chief Power: Doctrine and Practice
