Can the President demote a military officer?
Table of Contents
- 1 Can the President demote a military officer?
- 2 Does the Secretary of Defense Report to the President?
- 3 Can Soldiers PCS while flagged?
- 4 Can I wear my rank without a promotion ceremony?
- 5 Can a member of the military be fired by the commander-in-chief?
- 6 Do military officers need to be confirmed by the Senate?
Can the President demote a military officer?
In other words, the President cannot be held accountable to “take care that the Laws be faithfully executed” unless he is fully responsible for and can remove the officers who exercise his executive authority. Once the Congress approves the appointment, the President grants the officer the commission.
Can you decline a promotion in the army?
You cannot turn down a promotion to stay at the rank you are just to finish out your career at a lower level of responsibility.
Does the Secretary of Defense Report to the President?
The secretary of defense is a statutory office, and the general provision in 10 U.S.C….
| United States Secretary of Defense | |
|---|---|
| Member of | Cabinet National Security Council |
| Reports to | President of the United States |
| Seat | The Pentagon, Arlington County, Virginia |
| Appointer | The President with Senate advice and consent |
Can the President appoint military officers?
‘ . . . The last two War Presidents, President Wilson and President Roosevelt, both clearly recognized the civilian nature of the President’s position as Commander in Chief. It is the duty of the Commander in Chief to appoint the Secretaries of War and Navy and the Chiefs of Staff.
Can Soldiers PCS while flagged?
Can I PCS if I am Flagged? Flags may prevent Soldiers from PCSing to his or her next duty station if it is in the best interests of the Army for the Soldier to remain in his or her current unit until cleared of ongoing actions. In this case, the flag will remain in place at the Soldier’s gaining unit.
Can you refuse promotions?
No boss can force you to take a promotion, just as no employer can force you to take a job in the first place. There are, however, some things to consider if you’re offered a promotion, yet you don’t want to take it.
Can I wear my rank without a promotion ceremony?
No, at least not in the US Army. There isn’t a single regulation or anything that states that a promotion ceremony is required.
Is the President’s power to remove military officers legitimate?
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.
Can a member of the military be fired by the commander-in-chief?
No where in the U.S. Constitution are members of the Military given special treatment, where they can not be fired by the Commander in Chief. The Command in Chief can give orders to the U.S. Military, consistent with the U.S. Constitution, and the U.S. Military is required by law to execute those orders.
Can a president fire a general?
A journalist recently asked me whether a President could “fire” a general. The answer – pardon the pun – is generally, yes…but there are some legal complications.
Do military officers need to be confirmed by the Senate?
Under current law, the Senate does not require the commissions of all military officers to be confirmed, however, anyone being first promoted to major in the Army, Air Force, or Marine Corps, or lieutenant commander in the Navy does require such Senate confirmation. Military Officers are not directly appointed by the President.