Powers of President as Commander-in-Chief of the Armed Forces

The President is not only a civil official. As a Commander-in-Chief of the Armed Forces, he is
also in a sense a military officer. He is not, however, a member of the armed forces, and
consequently, he is not subject to court martial or military discipline.

(1) As Commander-in-Chief, the President has control of the military organization and personnel
whether in peace time or in war time. He is given the broad powers to call out the armed forces
to prevent or suppress lawless violence, invasion, or rebellion.

(2) He is also empowered to create military tribunals to try persons who violate military laws or
commit crimes against national security. However, even in a state of martial law, military courts
and agencies have no jurisdiction over civilians, where civil courts are able to function.

(3) In the event of war, the President, normally would delegate the actual command of the armed
forces to his military experts. But the ultimate command belongs to him.

Authority of Congress over the armed forces

Congress shares with the President his authority over the armed forces. It supplies the money and
makes the laws for their governance. To it belongs the sole power to declare the existence of a
state of a war. (Art. VI, Sec. 23[1].)