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The Constitution of the United States: Article II – Section 2

Article II – Section 2:

The President shall be 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; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

I wonder if the “and of the Militia of the several States” text is what gives the President the power to call on State run National Guard units to deploy with Federally run military units.

Here also is where the Senate gets level of control over what the President can do. Next time you hear about the Senate having to approve a Supreme Court Justice or any other Presidential appointee you’ll be able to say, a ha! There’s Article II, Section 2, Paragraph 2 in action!

Other Constitution posts.