What Does "Commander in Chief" Mean?

But what of the conduct of war? What did the Founders envision with regard to that? Who has the power? Hamilton again is clear:

in Federalist 74, Hamilton wrote:

THE President of the United States is to be "commander-in-chief of the army and navy of the United States, and of the militia of the several States WHEN CALLED INTO THE ACTUAL SERVICE of the United States.'' . . . Of all the cares or concerns of government, the direction of war most peculiarly demands those qualities which distinguish the exercise of power by a single hand. The direction of war implies the direction of the common strength; and the power of directing and employing the common strength, forms a usual and essential part in the definition of the executive authority.

In the War on Terrorism President George W. Bush has used these war powers to justify several controversial acts, e.g. NSA electronic surveillance program. The administration has used a legal theory known as the unitary executive theory, to explain that in his duty as Commander-in-Chief the President, with his inherent powers, cannot be bound by law or Congress. In the NSA warrantless surveillance controversy this was used to suggest he was not required to abide by the Foreign Intelligence Surveillance Act (FISA).
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