Sources and Limitations of Command Authority over the Army Reserve Component

• Published in: The Army Lawyer no. 2; pp. 56 - 66
• Main Author: Baylor, Amanda M
• Format: Trade Publication Article
• Language: English
• Published: Charlottesville Superintendent of Documents 01.01.2024
• Subjects: Armed forces; Armed forces (United States); Army; Codification; Constitution-US; Constitutional law; Court decisions; Court hearings & proceedings; Federal agencies; Federal legislation; Invasions; Law; Legislation; Military engagements; Military operations; Military personnel; Military reserves; Militia groups; Presidents; Regulatory agencies; United States > US
• ISSN: 0364-1287; 1554-9011

Through law codified in the U.S. Code, command authority flows from the President through the Department of Defense's (DoD) Service Secretaries, such as the Secretary of the Army (SECARMY), down to commanders of each Service and through multiple command echelons ("theater army, corps, division, brigade, battalion, and company").18 Combatant commands (COCOMs) are key components of this delegation chain, as combatant commanders (CCDRs) exercise command authority over assigned Reserve component members mobilized to Federal active duty.19 Lastly, this article explores how decentralized mission command requires commanders to exercise inherent command authority. [...]it addresses key differences in applicable law, subject to duty status, with which commanders should be familiar. "31 The President's authority and freedom of action to pursue military operations includes "inherent or implied power" that does not always require congressional authorization (unless a statutory bar exists).32 Executive order legal and regulatory authorities are vested in law (such as the UCMJ, DoD directives, and Army regulations) and enhanced through "specific powers granted under the authority of immediate commanders. Through its power to raise and support armies and declare war, Congress cannot enact legislation that interferes with command authority over forces and military campaigns; that power belongs to the President.37 Absent any court rulings on point, it is unclear whether Congress can regulate military deployments without overstepping presidential authority.38 In March 2011, President Obama directed U.S. Armed Forces overseas to conduct limited military operations to aid United Nation member states in protecting civilians from attacks.39 Afterward, he reported to Congress that he had "constitutional authority, as Commander in Chief and Chief Executive and pursuant to his foreign affairs powers" to act without legislative authorization.40 Other Presidents have sent troops into battle without Congress's official declaration of war.41 Such action underscores the importance of establishing command authority on the executive side of a clear line of demarcation.42 Sometimes, this line between congressional and presidential war power is blurred.43 Nonetheless, it remains clear, and Congress and the U.S. Supreme Court agree with the executive, that not all presidential and congressional military authority is retained at the top.