University of California, Hastings College of the Law UC Hastings Scholarship Repository Faculty Scholarship 2021 Congress's Power over Militay Offices Zachary S. Price UC Hastings College of the Law,
[email protected] Follow this and additional works at: https://repository.uchastings.edu/faculty_scholarship Recommended Citation Zachary S. Price, Congress's Power over Militay Offices, 99 Tex. L. Rev. 491 (2021). Available at: https://repository.uchastings.edu/faculty_scholarship/1843 This Article is brought to you for free and open access by UC Hastings Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact
[email protected]. PRICE.PRINTER.DOCX (DO NOT DELETE) 2/22/21 12:56 PM Congress’s Power over Military Offices Zachary S. Price* Although scholars have explored at length the constitutional law of office- holding with respect to civil and administrative offices, parallel questions regarding military office-holding have received insufficient attention. Even scholars who defend broad congressional authority to structure civil administration typically presume that the President, as Commander in Chief, holds greater authority over the military. For its part, the executive branch has claimed plenary authority over assignment of military duties and control of military officers. This pro-presidential consensus is mistaken. Although the President, as Commander in Chief, must have some form of directive authority over U.S. military forces in the field, the constitutional text and structure, read in light of longstanding historical practice, give Congress extensive power to structure the offices, chains of command, and disciplinary mechanisms through which the President’s authority is exercised.