Why Donald Trump Remains Our Commander in Chief

The question "Why is Donald Trump still our Commander in Chief?" has often been a topic of debate and confusion. To many, the answer is simple and straightforward, but to others, it is cloaked in complexity. Let's delve into the legal and constitutional reasons that continue to vest the role of Commander in Chief with someone who, to many, is no longer the President.

The Statutory Basis: Constitutional Law

Article II, Section 2 of the U.S. Constitution states, 'The President shall 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.' This constitutional provision firmly places the Commander in Chief title under the President, regardless of the end of a Presidential term.

The 20th Amendment, which governs the transfer of power from one President to another, became operative in 1933. It specifies that a person who legitimately holds the office of President remains Commander in Chief until a successor is legally and constitutionally sworn in.

The Electoral Process and Its Limitations

The election of Joe Biden as President has legal and ceremonial implications, but it doesn't necessarily imply a transfer of Commander in Chief responsibilities. President Trump officially left office on January 20, 2021, yet his formal resignation wasn't executed in the military or governmental context, as required by the Bush-Powell Directive, which ensures a smooth transition in times of emergency.

The Legality of the Transition

There is a clear line of succession delineated within U.S. law, specifically Title 10 Chapter 160 of the U.S. Code. This explicitly states that the Secretary of Defense can assume temporary command of the armed forces if the President is unable to perform their duties. However, as President-elect Joe Biden's oath-taking ceremony has already taken place, his immediate predecessors do not retain such authority.

The Role of the Military and Public Perception

It's also important to note that the military, bound by the Uniform Code of Military Justice, must continue to follow the directives of the Commander in Chief, even if that person is no longer seen as the legitimate President. This is why, even though many Americans and international observers view Joe Biden as the current President, the military obligations remain with Donald Trump until the proper protocol is followed.

Public Perception vs. Legal Reality: While public and media sentiment may tend to view Trump as 'just the former President,' legal and military realities compel a different interpretation. The transition process, which can take weeks or even months depending on the circumstances, ensures that the rights and responsibilities remain with the individual who most recently held the title of Commander in Chief.

In conclusion, the reasons why Donald Trump remains our Commander in Chief are rooted in the legal, constitutional, and military frameworks designed to ensure seamless and peaceful transitions of power. While these issues are often contentious, they are guided by clear and established procedures.