Commander in Chief Clause; Opinion Clause; Pardon Clause

In the founders’ words

• “In this respect his authority would be nominally the same with that of the king of Great Britain, but in substance much inferior to it. It 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; while that of the British king extends to the DECLARING of war and to the RAISING and REGULATING of fleets and armies, all which, by the Constitution under consideration, would appertain to the legislature.” Alexander Hamilton, The Federalist No. 69 (1788-03-14)
• “Of all the cares or concerns of government, the direction of war most peculiarly demands those qualities which distinguish the exercise of power by a single hand. The direction of war implies the direction of the common strength; and the power of directing and employing the common strength, forms a usual and essential part in the definition of the executive authority.” Alexander Hamilton, The Federalist No. 74 (1788-03-25)
• “Humanity and good policy conspire to dictate, that the benign prerogative of pardoning should be as little as possible fettered or embarrassed. The criminal code of every country partakes so much of necessary severity, that without an easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel.” Alexander Hamilton, The Federalist No. 74 (1788-03-25)
• “The President is to be the "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.” Alexander Hamilton, The Federalist No. 69 (1788-03-14)
• “to recommend to the consideration of Congress such measures as he shall judge necessary and expedient; to convene, on extraordinary occasions, both houses of the legislature, or either of them, and, in case of disagreement between them WITH RESPECT TO THE TIME OF ADJOURNMENT, to adjourn them to such time as he shall think proper; to take care that the laws be faithfully executed;” Alexander Hamilton, The Federalist No. 69 (1788-03-14)

Public-domain primary sources, quoted word for word and checked against the linked text.

Leading Supreme Court cases

• The Prize Cases, 67 U.S. 635 (1863)
• Ex parte Garland, 71 U.S. 333 (1867)
• Ex parte Grossman, 267 U.S. 87 (1925)
• Ex parte Quirin, 317 U.S. 1 (1942)
• Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)
• Hamdan v. Rumsfeld, 548 U.S. 557 (2006)

Cite this page

Values for America Constitution Explorer, https://www.valuesforamerica.com/constitution (text: National Archives transcription, public domain), Article II, Section 2, Clause 1, https://www.valuesforamerica.com/constitution/article-2/section-2/clause-1

Data: this provision as JSON.