President George W. Bush, his cabinet, and his military advisers determined that the al-Qaeda terrorist network had financed and perpetrated the September 11 attacks. They also determined that the Taliban, a group in control of the Afghanistan government, had permitted al Qaeda to operate and train its members within Afghanistan's borders.
Thus, the President used military force to invade the country in an effort to destroy the al-Qaeda network and topple the Taliban. During the conflict, the U. The military then placed these "detainees" at a U. Consequently, the Bush Administration and military believed that the detainees could not avail themselves of habeas corpus and certain other protections guaranteed by the U. The military held many of these prisoners at the Guantanamo base for years without bringing formal charges against them.
Prisoners obtained legal counsel in the U. A series of cases then came before the U. Supreme Court dealing with the constitutionality of the prisoners' detentions at Guantanamo. In Rasul v. Bush became the first case in which the Supreme Court directly discussed the Bush Administration's Guantanamo detention policies. The Court held that 28 U. The Court then instructed the district courts to hear the petitions.
After the Bush Administration responded to Rasul by permitting detainees to bring their petitions before military tribunals, the Supreme Court again addressed the matter in when they decided Hamdan v. In theory, Governor General could also use his or her powers as commander-in-chief to stop any attempts to use the Canadian Forces unconstitutionally, though this has never occurred and would likely be highly controversial. In peace, the commander-in-chief exercises his command through the Minister of Defense.
In war and in cases where the Minister of Defense is not fulfilling orders, the commander-in-chief exercises his command directly through the chief of General Staff. According to the constitution , the President of the Czech Republic is the Commander-in-Chief of the Armed Forces , and appoints and promotes generals. The President is required to obtain the countersignature of the Prime Minister for decisions concerning appointment and promotion of generals, and for decisions taken as the commander-in-chief.
The Prime Minister may delegate to other ministers the right to countersign these decisions of the President. However, the President does not command the armed forces on daily basis in peace times. The actual day-to-day command is vested to the Chief of the General Staff, under the supervision of the Minister of Defence. According to the Constitution of the Denmark , the head-of-state is the commander-in-chief. The head-of-state of Denmark is the Queen , however, the government of Denmark is the actual commander-in-chief although any military action that does not serve the purpose of defending Danish territory requires approval by the Danish parliament Folketinget.
A member of the Government, usually Minister for Defence , is commander-in-chief of the armed forces , the incumbent being Abdul Fatah al-Sisi. The President still remains the only individual capable of declaring war.
Until the election of Morsi in June , prior Egyptian presidents had all been former military officers, and during the Yom Kippur War the president played a major role at all levels of the planning of the war, and was in a literal sense Supreme Commander of the Armed Forces giving direct orders to the commanders from the headquarters during the war as field marshal of the army , colonel general of the air force and air defence forces and admiral of the navy. Anwar el-Sadat often wore his military uniform, while former president Hosni Mubarak had abandoned this tradition.
According to the Finnish constitution , the President of Finland is the commander-in-chief of all Finnish military forces. In practice, the everyday command and control is in the hands of Chief of Defence and the Commander of the Finnish Border Guard. The economic administration of the Finnish Defence Force is the responsibility of Ministry of Defence. Since the constitutional reform of , the Minister of Defence has the right to be present when the president uses his command powers, unless the matter is of immediate concern.
In questions of strategic importance, the Prime Minister has the same right. The president commissions officers and decides on the mobilisation of the Defence Forces. If Parliament is not in session when a decision to mobilise is taken, it must be immediately convened.
A declaration of war is made by a presidential decree, which must be afterwards accepted by Parliament. Article 16 provides the president with extensive emergency powers. However, owing to the nature of the semi-presidential system , the prime minister also has key constitutional powers under article "He shall be responsible for national defence" and has "power to make regulations and shall make appointments to civil and military posts".
After crushing local nobles engaged in warlord-ism, the Kings of France retained all authority with the help of able yet discreet Prime ministers Mazarin , Richelieu. The Restoration restored authority of the King, in an absolute, then constitutional way before being overthrown by the Second Empire.
The following Third Republic was a parliamentary system, where the military authority was held by the President of the Council prime minister. The following and short-lived Fourth Republic was a parliamentary system, which was replaced by the present Fifth Republic, a semi-presidential system.
Supreme command of the Indian Armed Forces is vested in the President, although effective executive power and responsibility for national defence resides with the cabinet headed by the Prime Minister. This is discharged through the Ministry of Defence , headed by the Minister of Defence , which provides the policy framework and resources to the Armed Forces to discharge their responsibilities in the context of the defence of the country.
On 15 August , each Service was placed under its own Chief Commander. Before , the Shah was the commander-in-chief in Iran. After the inception of the Islamic Republic, the President of Iran was initially appointed that task, with Abolhassan Bani Sadr being the first commander-in-chief. However, Abolhassan Bani Sadr was impeached in 22 June It was after this event that the role of commander-in-chief of the Armed Forces of the Islamic Republic of Iran was given to the Supreme Leader of Iran.
The Constitution of Italy , article 87, states that the President of the Republic: is the commander of the armed forces and chairman of the supreme defense council constituted by law; he declares war according to the decision of the parliament [7]. As such, he is the highest-ranking officer in the military establishment, with the power to appoint the Chief of Staff on the advice of the Armed Forces Council. He also appoints the service heads of each of the three branches of the military.
The Federal Constitution establishes that the office of Supreme Commander is attached to the person of the Yang di-Pertuan Agong as the Federation's head of state:. The Federal Armed Forces Act was passed by the Federal Parliament in order to consolidate in one law all the regulations governing the three services Army, Navy and Air Force , it establishes the function and duties of the Federal Head of State in his capacity as Supreme Commander.
In the Republic of Mauritius, the President of the Republic is the commander-in-chief. After independence in , Mauritius continued to recognise the British Sovereign, as represented by the Governor-General of Mauritius , as commander-in-chief. After the country was proclaimed Commonwealth Republic , the new constitution stipulated that a President would assume the position of the head of state and hence commander-in-chief. The role of President is only a ceremonial position since the real power rests with the elected prime minister, who is the chief executive of the state.
Today, the President of the Federation holds the real power since most of the Presidents especially Dictators and Army Rulers have played a more significant role. However, Article 80 gives the President of the People's Republic of China the power to proclaim martial law, proclaim a state of war, and issue mobilisation orders upon the decision of National People's Congress, the highest state body. Since the mids, it has been standard practice to have the president, the CMC Chairman, and the General Secretary of the Communist Party of China be the same person, although the differences in the start of terms means that there is some overlap between an occupant and his predecessor.
During the Fourth Republic , the Constitution introduced by dictator Ferdinand Marcos created a semi-presidential system that split the Executive into two, with the prime minister retaining the office of commander-in-chief and the president reduced to a figurehead.
The wording of Article VII, Section 10 in the previous constitution enabled Marcos as commander-in-chief to declare Martial Law and suspend the writ of habeas corpus on 21 September He consequently sat as both president and prime minister until , when Cesar Virata succeeded him to the latter office.
Salvador Laurel was the country's last prime minister when the office was abolished after the People Power Revolution , and the position's powers including military authority were again merged with the Presidency. However, the art. He may dismiss the Commander-in-Chief of the Armed Forces in accordance with the same procedure.
The authority of the Commander-in-Chief of the Armed Forces, as well as the principle of his subordination to the constitutional organs of the Republic of Poland, shall be specified by statute. The role of the United States president as highest ranking officer in the armed forces. The Constitution provides this power, but, through the system of checks and balances , gives Congress the authority to declare war.
During periods of war, presidents such as Franklin D. Roosevelt , Lyndon Johnson , George H. Bush have taken active roles as commander in chief. New Word List Word List. Save This Word! See synonyms for commander in chief on Thesaurus.
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