Bar Exam Practice Questions

What authority does the President have as Commander in Chief?

1. Direct the military after obtaining Congressional approval

2. Control the legislative agenda

3. Send troops without Congressional approval

4. Negotiate trade agreements

The correct answer is: Send troops without Congressional approval

The role of the President as Commander in Chief, as established by the U.S. Constitution, enables the President to manage and direct military operations. This includes the ability to send troops into combat without needing prior approval from Congress, particularly in situations where quick action is necessary to protect national interests or respond to immediate threats. This authority is rooted in the need for a swift response to conflicts and crises, which might be jeopardized by the need for legislative approval. While Congress has the power to declare war and control military funding, the President’s authority allows for significant flexibility in military engagement. This is particularly evident in scenarios involving rapid deployment for defense or humanitarian missions. The War Powers Resolution of 1973 does seek to delineate the powers of Congress and the President regarding military action, but the fundamental principle remains that the President can act unilaterally in certain situations without congressional approval. In contrast, directing the military after obtaining Congressional approval aligns more with Congress's legislative authority rather than the President’s immediate command. Controlling the legislative agenda is a function typically belonging to Congress, as it involves creating and promoting laws. Negotiating trade agreements falls outside the military command scope and is usually handled within the realm of economic policy and international relations, often requiring Senate