Trump's War Powers: How He Became a Wartime Leader

Have you ever wondered how a president becomes a "wartime leader"? What powers does the Commander-in-Chief actually have during times of conflict?

In his book The Midnight Rider Rides Again, Derek Johnson explores the expansion of Trump's war powers during his presidency. You'll discover how Trump transformed his role through executive actions, military regulations, and the use of the War Powers Act.

Keep reading to learn about the key moves that shaped Trump's status as a "wartime president" and their lasting impact on presidential authority.

Trump's Path to "wartime President" Status

During his presidency, Donald Trump took several actions that led to him being referred to as a "wartime president." This transformation was largely due to Trump's war powers, which he expanded through the use of the War Powers Act and other executive actions. These moves significantly increased his authority over military operations. Let's explore how this unfolded and what it meant for Trump's role as Commander-in-Chief.

The Space Force and Military Regulations

On December 20, 2019, Trump made a significant move by establishing the Space Force as a new branch of the military. This expansion of the U.S. military's jurisdiction into outer space activities was accompanied by the first major revision of military conduct rules since 1950. These changes set the stage for Trump to step into a more powerful role as a wartime commander.

Invoking the War Powers Act

Trump's use of the 1973 War Powers Act was crucial in his transformation into a "wartime president." This law regulates military involvement and grants the president certain powers during times of conflict. By activating these powers, Trump was able to take on responsibilities typically associated with leading a nation at war.

One key aspect of the War Powers Act is Section 1550, which required Trump to report to Congress on military actions every 180 days. These reports needed to outline:

• The countries or organizations involved
• Potential risks
• Actions taken
• Projected scope and duration of operations

This reporting requirement ensured that Congress was kept informed of military activities, even as Trump exercised expanded wartime powers.

The Covid-19 "war" Declaration

In March 2020, Trump declared himself a "wartime president" in response to the COVID-19 pandemic. While this situation wasn't directly related to military conflict, Trump used wartime rhetoric to frame his role in combating the virus. This declaration implied that he was taking on responsibilities similar to those of a president during an actual war.

Activating the Reserves

Another significant action Trump took was activating one million Reserve Component members to active duty. This move, made through a separate legal avenue, further solidified his wartime president status by mobilizing a substantial military force.

The Impact of Executive Orders and Directives

Trump's wartime powers were also bolstered by several executive orders and directives that he implemented during his presidency. These actions laid the groundwork for expanded presidential authority and military involvement in various situations.

Executive Order 13848 and Election Security

In September 2018, Trump issued Executive Order 13848 in response to concerns about external interference in U.S. election procedures. This order declared a national emergency and had implications for the counting of electoral ballots. While it was ostensibly aimed at foreign interference, the order's broad language potentially impacted the influence of voters by not explicitly excluding internal interference.

Federal Continuity Directives

The Federal Continuity Directives, implemented between 2017 and 2022, established a framework for maintaining government operations during crises. These directives outlined how the three branches of the U.S. government would systematically address emergencies, detailing strategies for reestablishing functionality and assigning responsibilities.

Presidential Policy Directive 40 (ppd-40)

PPD-40 mandated that the United States follow a policy ensuring the resilience and protection of governmental structures in accordance with the Constitution. This directive emphasized the importance of maintaining essential governmental functions during emergencies through comprehensive continuity strategies.

Military Occupation and Government Continuity

The expansion of Trump's wartime powers also had implications for potential military occupation scenarios. The Law of War Manual, released in June 2015, provided legal guidelines for military leadership in administering areas under military control. This manual, coupled with Trump's other actions, set the stage for a robust framework of military authority.

The Military Justice Act

In December 2016, the Military Justice Act further defined the separate spheres of authority between military and civilian judicial systems. This law highlighted the unique responsibilities of military commanders, which operate independently from those of the President and the Federal Government.

Continuation of Policies Under Biden

Interestingly, many of the policies and executive orders implemented by Trump have been continued under the Biden administration. This continuation suggests that the expanded wartime powers and government continuity measures put in place by Trump have become part of a broader, ongoing strategy.

Biden has extended several of Trump's executive orders, including those related to human rights protections, election security, and restrictions on Chinese companies. Additionally, Biden has not introduced substantial new measures or directives pertaining to military policy, indicating a persistent commitment to the strategies established during Trump's tenure.

The delegation of War Powers Act responsibilities to the Secretary of Defense, initiated under Trump, has also continued under Biden. This ongoing delegation of authority reflects a consistent approach to maintaining government functions across both administrations.

In conclusion, Trump's transformation into a "wartime president" was the result of a series of strategic actions, executive orders, and the invocation of existing laws like the War Powers Act. These moves expanded his authority over military operations and set precedents that continue to shape the role of the presidency in times of crisis or conflict.