Pelosi’s Overstep

Does anyone have a problem with Nancy Pelosi going to the military to keep the president from exercising his duties as commander in chief of the armed forces? Article II, Section 2 gives this power solely to the president. The Constitution Center says this about Congress usurping that role:

““the textual designation of the President as the Commander in Chief was intended to ensure that that officer, and no other, would be ultimately responsible for performing that role, whatever it was to entail.” To that end, they continue, the Clause “suggests that, at least with respect to certain functions, Congress may not (by statute or otherwise) delegate the ultimate command of the army and navy . . . to anyone other than the President.”

Although that principle, read narrowly, would only prohibit Congress from literally placing someone other than the President atop the U.S. military hierarchy, it presumably also means that Congress cannot insulate parts of the military from the President’s superintendence or interfere with the President’s supervisory role, lest Congress have the power to effectively undermine the President’s command authority—and, in Justice Jackson’s words, convert the Clause into an “empty title.””

It would seem then that Pelosi’s actions violated the Constitution. That being the case, Congress should consider her expulsion.

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