The most significant of the president’s powers is perhaps that of commander-in-chief, though Article I of the US Constitution clearly states that only Congress can declare war. Whilst the first, last and only president to lead the US military into battle was George Washington in 1794 (some presidents since have had military experience but haven’t led armies whilst in office), the role of commander-in-chief is far from an obsolescent role and power. Presidents largely rely on senior military commanders to formulate strategy and conduct wars, but that does not mean presidents are removed from the art of war. Abraham Lincoln played a very active role in conducting the American Civil War (1861-1865); indeed, Lincoln used the then new technology of the telegraph to receive updates about the Battle of Gettysburg (1863) and issue orders accordingly. William McKinley likewise made use of the telegraph and the even newer invention of the telephone to conduct the USA’s military campaign during the Spanish-American War (1898). Woodrow Wilson played a role in formulating strategy during the First World War, as did Franklin D. Roosevelt during the Second World War. Harry S. Truman had to make the momentous decision on dropping the atomic bombs on Japan in August 1945 and was active in military matters during the Korean War (1950-1953). Lyndon Baines Johnson played a key role in the development of strategy during the Vietnam War (1964-1973), with his face and voice effectively forming the USA’s identity during that conflict. In fact, Johnson was directly involved in selecting targets for bombing missions. Richard Nixon would later expand the Vietnam War by ordering military operations in Laos and Cambodia as part of his strategy to end the conflict. In more recent times, presidents have continued to be active in military campaigns. The so-called War Against Terror was directly linked to George W. Bush, and Barack Obama directed operations which ultimately resulted in the elimination of Osama Bin Laden in 2011. Donald Trump was also an active commander-in-chief. He presided over the assassination of Iranian general Qasem Soleimani in 2020 and played a role in developing a strategy for the US withdrawal from Afghanistan, the pace of which was subsequently increased under Joe Biden’s direction in 2021. Presidents today may very well be physically far removed from combat whilst in office but they are ultimately invested with the power of ordering people into war and they still influence strategy.
One might postulate that the military power of the president is limited by virtue of the fact that only Congress can declare war. The reality, however, is that the last time the USA declared war was in 1941. All subsequent conflicts the USA has been involved in have involved no official declaration of war by Congress but have typically instead been shaped by presidents using military force before seeking Congressional approval. Truman exercised his power as commander-in-chief by authorising the use of air and naval support in South Korea on 26th June 1950, the day after North Korea began its invasion of the south. Despite stating the US was “not at war” on 29th June, Truman committed troops to South Korea on 30th June. It was not until 28thAugust and 22nd September that Congress gave its implied consent to the use of military force by approving defence appropriations for US military action in Korea. Limited US military support had actually been deployed in South Vietnam years before Lyndon Baines Johnson sought Congressional authorisation to escalate the USA’s military commitment in that region via the Gulf of Tonkin Resolution in August 1964. George H Bush had similarly authorised the deployment of US forces to the Persian Gulf about five months before Congress passed a resolution which authorised military action against Saddam Hussein’s Iraq in January 1991. George W. Bush, however, issued an ultimatum to the Taliban following the attacks on the World Trade Centre and then sought approval from Congress on 18th September 2001 for an invasion of Afghanistan. Donald Trump’s strike on Qasem Soleimani was, however, executed without seeking Congressional approval as the 2002 Congressional authorisation for George W. Bush’s action against Iraq had not been repealed and was still technically applicable by 2020. From these cases, it would appear that Congress has in some ways legislated its war powers to the president and empowered his role as commander-in-chief.
But this would be overstating the president’s military powers to an extent. The 1973 War Powers Act, passed at the end of US combat operations in Vietnam, imposed a 60-day limit on presidential use of military forces without approval from Congress. Any military operations extending beyond that time limit must be consented to by Congress. Despite having major military powers, US presidents seek support from Congress for two key reasons. Firstly, it creates better publicity if a president seeks approval from Congress and is indeed politically better for him as it demonstrates solidarity and unity. Secondly, Congress has what is known as the “power of the purse” and must be used for funding purposes. This is a very significant power and can certainly limit the president’s abilities as commander-in-chief, as Gerald Ford discovered when he tried and failed to secure funds from Congress for efforts to save South Vietnam in 1975. George W. Bush actually encountered some resistance in Congress in 2007 when seeking funding for the ongoing wars in Iraq and Afghanistan, though in that case funds were eventually approved. In essence, the president’s powers as commander-in-chief have certainly grown since George Washington’s time, and that growth has been due to Congress legislating some of its power away to the president. Nonetheless, it is clear that the president cannot stand alone when it comes to waging war.
