282 WRIGHT— POWER TO MEET RESPONSIBILITIES. 

 C. Enforcement by the President. 



125. Independent Powers of the President. 



Although Congress has passed general laws giving the President 

 power to use the military and naval forces and the militia to enforce 

 the laws, suppress insurrection and repel invasion, and many special 

 laws giving him power to use the forces for particular purposes, 

 the President has always taken the view that these laws except as 

 applied to the militia were unnecessary, and that as commander-in- 

 chief and as chief executive, he has independent power to employ 

 the army and navy and direct the civil administration in order to 

 execute the laws and treaties of the United States. President Fill- 

 more in response to a resolution of inquiry called attention to the 

 different position occupied by the President with reference to the 

 militia, which may only be called out as Congress shall provide, and 

 to the army and navy of which the President is permanent com- 

 mander-in-chief. As tO' the latter, he said : ^^ 



" Probably no legislation of Congress could add to or diminish the power 

 thus given, but by increasing or diminishing, or abolishing altogether the 

 army and navy." 



By an act of June 18, 1878, Congress made it unlawful and a penal 

 offense : ^° 



" to employ any part of the Army of the United States as a posse comitatus 

 or otherwise, for the purpose of executing the laws, except in such cases and 

 under such circumstances as such employment of said force may be expressly 

 authorized by the Constitution or by act of Congress." 



This, however, does not affect President Fillmore's theory since he 

 claimed nq power to use the army other than as " expressly author- 

 ized by the Constitution." The court held in Martin v. Mott'*^ that 

 the President could determine when the exigency existed for calling 

 forth the militia as specified by Congress, and no power could review 

 his action. It seems equally certain that he can determine when a 



^8 Richardson, Messages, 5 : 105 ; Finley-Sanderson, The Executive, p. 

 214; supra, sec. 119. 



^^20 Stat. 152, sec. 15; Comp. Stat., sec. 1902; Finley-Sanderson, op. cit., 

 p 270. 



'0 Martin v. Mott, 12 Wheat. 19. 



