At Ease, Mr. President
By Garry Willis
New York Times
January 27, 2007WE hear constantly now about “our commander in chief.” The word has become a synonym for “president.” It is said that we “elect a commander in chief.” It is asked whether this or that candidate is “worthy to be our commander in chief.”
But the president is not our commander in chief. He certainly is not mine. I am not in the Army.
I first cringed at the misuse in 1973, during the “Saturday Night Massacre” (as it was called). President Richard Nixon, angered at the Watergate inquiry being conducted by the special prosecutor Archibald Cox, dispatched his chief of staff, Al Haig, to arrange for Mr. Cox’s firing. Mr. Haig told the attorney general, Elliot Richardson, to dismiss Mr. Cox. Mr. Richardson refused, and resigned. Then Mr. Haig told the second in line at the Justice Department, William Ruckelshaus, to fire Cox. Mr. Ruckelshaus refused, and accepted his dismissal. The third in line, Robert Bork, finally did the deed.
What struck me was what Mr. Haig told Mr. Ruckelshaus, “You know what it means when an order comes down from the commander in chief and a member of his team cannot execute it.” This was as great a constitutional faux pas as Mr. Haig’s later claim, when President Reagan was wounded, that “Constitutionally ... I’m in control.”
President Nixon was not Mr. Ruckelshaus’s commander in chief. The president is not the commander in chief of civilians. He is not even commander in chief of National Guard troops unless and until they are federalized. The Constitution is clear on this: “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.”
