Commander of Militia

Proposing that the Northwest Indian War was the United States’ first authorization of the use of military force and that this conflict can inform an originalist understanding of the War Powers Clause and the President’s role as Commander in Chief.

Arguing that the Constitution’s text and structure, as well as historical practice, support the concept of a powerful Commander in Chief, but that the President lacks exclusive military powers and is subject to congressional direction in all military matters.

Arguing that the Framers intended the legislature to possess power over the Commander in Chief in all matters pertaining to war-making, except those that would deprive him of military superintendence.

Contending that the Framers intended Congress to have the last word on matters of peace and war, but that the President’s war-making authority goes far beyond the power to repel sudden attacks.