Commander-in-What, Again?
If you're worried that this country is drifting inexorably, even under Barack Obama, from a republic to a national-security state with a President/Decider, you may have worried about his comment in Oslo that "I am the commander in chief of the military of a nation in the midst of two wars."
He is, indeed, but how did the nation get into those two wars - and an endless war on terror - when, Constitutionally, the nation is the President's commander-in-chief?
Didn't the 2008 election decide that one reason we got into that endless war on terror was the Constitutional overreaching of a certain president (or vice-president) bent on being a Decider who could reverse the balance of power at will?
We can keep on parsing the meanings of "commander" until bankers and brokers become honest; we can claim that Reinhold Niebuhr would have understood the necessity of the way we are fighting now (I doubt it); and we can blame our ambitious, new counterinsurgency strategies on the harsh, new imperatives of terrorism itself.
But I wonder if Obama wasn't really just being defensive in invoking his duties as commander-in-chief while receiving the Nobel Peace Prize.
He has spent 11 months using his presidential powers to shore up America's other big concentrations of power --bailing out some a little too easily, approving the dubious surveillance protocols of others, and leaving it to Congress to accommodate still others he doesn't want to be seen to be coddling, from health-insurers to the biggest power concentration of all -- the military-industrial-academic complex that even Dwight Eisenhower, that former general, cautioned the republic against in his presidential farewell address.
Whether Obama was being defensive or commendably candid in styling himself the commander-in-chief of a nation at war, our obligation as citizens of the republic is to be vigilant and to call him on his presumption in linking America's heroic sacrifices against Hitler to its less-heroic and manifestly self-debilitating strategies against today's terrorists.
Yale Law Professors Bruce Ackerman and Oona Hathaway have called all of us to be vigilant in a Slate post about the strategy Obama defended in his Oslo remarks.
Whatever might be said for that strategy (Ackerman and Hathaway are scathing, on the Constitutional grounds I mentioned at the outset), we do have to be vigilant enough to insist on remaining -- through a Congress worthy of the one that stood up to Richard Nixon in Watergate -- the ultimate Deciders, even if not the commanders. It shouldn't take a Watergate to give Congress a backbone; a dubious and debilitating war strategy ought to do it, too. But that will depend, even more, on the rest of us.
(Note: Some TPM readers noticed that I posted a version of this yesterday, only to withdraw it after several comments on it had already been posted. I did it because in that version I had relied consequentially on the New York Times' misquotation of Obama's Oslo speech in a story that had led the paper's online edition for hours.
The misquotation had Obama saying, "I am the commander-in-chief of a nation" at war. That's not what he actually said: "I am the commander-in-chief of the military of a nation...." [Emphasis added here.] It was the first version that prompted my warning that no president is commander-in-chief of the whole nation; it's the other way 'round.
Terry Michael of the Washington Center for Politics and Journalism, who alerted me to the problem, says that theTimes relied on the advance text of the speech, which, two days after he spoke, was still up at the official web site of the Nobel Prize. It still read, "...I am the Commander-in-Chief of a nation in the midst of two wars."
Michael and I speculate that it was Obama, the Univ. of Chicago Constitutional law professor, who caught and overrode the error as he was reading from the teleprompter, and added "of the military." But that doesn't cover Obama against the substance of cautions like Ackerman's and Hathaway's, which I urge everyone to read. My thanks again to Terry Michael.)

















Thanks, this has really become a hot button with me.
I certainly rememember the term "commander in chief" used prior to Bush but not to the extent that it seems to have replaced "President".
What's happened to this country? Must a President be at war ALL the time in order to prove he is the commander? Does every President now have to have his very own war? Republicans claim Iraq. Democrats claim Afghanistan?
I think it is sick and to have the Democratic party reinforcing this sickness just sends me over the top.
Sure, I'm left but I'm also the daughter of a WWII veteran and a niece of a Pearl Harbor Veteran.
Is the legacy of Hitler to be that now EVERY war is "just"? What a tragic irony there!
December 12, 2009 2:17 PM | Reply | Permalink
Well said, bluebell. We've been at war for a decade. An entire decade. Imagine if you were graduating from high school in 2010 -- you'd have been at war since you were in elementary school.
Heck, I've been "at war" for all but the first two years of the job that has become the career that defined my mid twenties through early 30s. This has become the natural state of affairs and we have to realize that it is, in fact, an aberration.
December 12, 2009 6:27 PM | Reply | Permalink
Well, it's even worse than that. We were in a quasi state of cold war from the end of WWII through 1989 or so with the USSR with hot wars in Korea and a very long stretch in Vietnam. We couldn't let that end without marching off to the Gulf War. Not to mention all of our little wars like Bosnia and Grenada. War is our normal state. We're addicted to war. We don't feel safe without a war. How sick is that?
December 12, 2009 7:30 PM | Reply | Permalink
What are you complaining about? Virtually every day from February, 2007 to November 5, 2008 Barack Obama said he would escalate in Afghanastan and draw down in Iraq. You can disagree with, even condemn, the policy for being immoral, ineffectual and counter-productive (my own view) and/or wasteful, but unlike LBJ he never lied to the American people and said he would have Afghan boys fighting instead of Americans. He got 69,456,897 votes-- millions more than a majority-- from people who either did listen to him and voted for him knowing what his plans for Afghanastan were, or else should have paid more attention but voted for him anyway. To paraphrase Walt Kelly: we have met the Deciders, and they is us!
December 12, 2009 2:31 PM | Reply | Permalink
So we had a choice between Hawk A and Hawk B in the primary and then Hawk B ran against Hawk C in the general. Not surprising we're lead by a Commander.
December 12, 2009 3:39 PM | Reply | Permalink
I've said this before - I don't like it when a post is taken down once comments are submitted. I read your original, saw the responses, returned later to find it gone. Why not just amend the blog with updated information, especially when it doesn't change the underlying theme?
"Didn't the 2008 election recognize that part of the reason we'd gotten into an endless "war on terror" was the Constitutional overreaching of a certain president (or a certain vice-president), bent on being a Decider who could reverse the balance of power at will?"
Certain aspects of the PATRIOT Act are set to expire at the end of the year, although it's doubtful that there won't be an extention. That single piece of legislation was the first brick in the dark road we're on now ..
http://www.politicsdaily.com/2009/12/11/domestic-surveillance-in-doubt-as-patriot-act-expiration-looms/
December 12, 2009 2:34 PM | Reply | Permalink
Glenn Greenwald pointed out another, similar mistake during the speech. Obama said: "as a head of state sworn to protect and defend my nation." Of course, the Constitution actually says the president "will to the best of [his] Ability, preserve, protect and defend the Constitution of the United States.''
A bit disappointing for a former constitutional scholar...
December 12, 2009 3:33 PM | Reply | Permalink
I'm curious as to how the NYT made the "commander-in-chief of a nation" slip-up. The first video clip I saw of the speech had "of the military" neatly edited out. It surprised me, because I'd just read the entire speech (with those words in it) online. Later in the day, CNN showed that segment as Obama actually delivered it.
So did the draft of the speech that news agencies got leave out "of the military," with Obama correcting it at the last minute? That would explain some TV editor snipping it out, presuming it to be a slip of the tongue.
Ackerman and Hathaway's assertion that the Afghan surge "shatters the existing constitutional framework" is breathtakingly hyperbolic. The main evidence they cite is congressional "tradition."
They then fail to address Congress's overriding tradition, which is one of ducking hard decisions (and the resulting risk of blame) whenever possible.
Is there any likelihood that Congress wants the responsibility of debating and voting on timetables, benchmarks and troop levels 18 months from now? No, it's much easier (even for Republicans)to simply "support" the commander-in-chief, while sniping at his strategic decisions.
December 12, 2009 3:47 PM | Reply | Permalink
RE: his comment in Oslo that "I am the commander in chief of the military of a nation in the midst of two wars."
MY COMMENT: I am reminded of how Cornelius J. Vanderbilt (who had never served in the Navy, but owned commercial ferryboats, steamboats, steamships, etc) donned an Admiral's suit and paraded around NYC as "Commodore Vanderbilt".
December 12, 2009 4:41 PM | Reply | Permalink
Because he's been seen in the past with a Kool-Aid cocktail in hand, it's rare that I would recommend a Jim Sleeper post. But I highly recommended this sober and sobering post.
December 13, 2009 8:26 AM | Reply | Permalink
"but how did the nation get into those two wars - and an endless war on terror"
You know the answer, Mr. Sleeper, and you know that answer undermines the legitimacy of the "National Security State" like no other issue. The truth of September 11 is the Achilles heel of the Machine. Can to draw the bow, Mr. Sleeper?
http://michaelfury.wordpress.com/2009/04/11/the-rest-is-silence/
December 14, 2009 7:54 AM | Reply | Permalink
A really destroying all the positives deeds of Barack Obama post.Unfortunately, I dare admit that all the Constitutional contempts are really rough and should be punished really roughly.But who'll be able to do it?!Noone knows...
February 26, 2010 5:02 PM | Reply | Permalink
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April 27, 2011 3:42 AM | Reply | Permalink