****BREAKING****Trump to establish commission to purge generals

[SARose]

44. Who is leaking this and why?

Trump is a bully and these are bully tactics.

Little hands can sign all the executive orders he wants. Implementing them is another thing.

Can Presidents ‘fire’ senior military officers? Generally, yes…but it’s complicated

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A little history: up until the end of the Civil War, the President exercised virtually unconstrained power to dismiss military officers. However, in 1865 Congress passed legislation which purports to limit that power. That legislation was essentially the same as that found today codified in 10 USC § 1161(a).

The legitimacy of Congress imposing statutory restrictions on the authority of the President to remove military officers was initially “subject of doubt and discussion.” It remains controversial even today, particularly since there doesn’t seem to be a case precisely on point as to the constitutionality.

Nevertheless, the better view does seem to suggest that Congress has the power to set some limits on the President’s dismissal authority – at least in times of peace. That power would be properly founded in Congress’ Article I, Section 8, Clause 14 authority to “make rules for the government and regulation of the land and naval forces.” Still, the “President’s power of dismissal in time of war [is something] Congress has never attempted to limit.”

So what does 10 U.S.C. § 1161(a) provide? Here is the text:

(a) No commissioned officer may be dismissed from any armed force except—

(1) by sentence of a general court-martial;

(2) in commutation of a sentence of a general court-martial; or

(3) in time of war, by order of the President.

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