Let us see what the Constitution says:
Article II
EXECUTIVE BRANCH
SECTION 1
The executive Power shall be vested in a President of the United States of America...
SECTION 2
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; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have the Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have the Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Article II, Section 2 – What It Means
The president serves not only as the head of the executive branch of government but also as the commander in chief of the armed forces (including state national guards when they are called on to serve with the federal armed forces).
Opinion gave by the Annenberg Classroom.
https://constitutioncenter.org/interactive-constitution/articles/article-ii/article-ii-annenberg/interp/19
EMERGENCY POWER
Definition of Emergency Power
Noun
- Power granted to or used by a public authority to meet emergency needs, such as in case of war or disaster.
Emergency Power Granted by the U.S. Constitution
The U.S. Constitution grants to various branches of the
federal government specific authority or powers, referred to as “express powers.” Because it is impossible to predict every situation that may come up requiring action by the government, it has been held that the Constitution “implies” certain powers, including the presidential power to act without approval of Congress in the event of certain emergencies. It is believed that the framers of the Constitution intended this type of action, as the Executive Branch of the government was designed to be able to act much more quickly than Congress...
States of Emergency
During states of emergency, such as natural disasters or periods of civil unrest, the government can use implied powers to formally declare a State of Emergency. Such a declaration allows suspension or change in functions of any branch of government, and gives the government the power to suspend certain rights or freedoms normally guaranteed by the Constitution.
In the United States, a local leader, such as a city mayor or state governor, has the power to declare a State of Emergency within their own
jurisdiction. The U.S. President has the authority to declare a national State of Emergency in circumstances in which the country is faced with large-scale disaster or danger.
https://legaldictionary.net/emergency-power/
Commander-in-Chief powers
Article II of the Constitution expressly designates the president as "
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."
[1] Since the
National Security Act of 1947, this has been understood to mean all
United States Armed Forces. U.S. ranks have their roots in British military traditions, with the President possessing ultimate authority, but no rank, maintaining a civilian status, other than the title of Commander in Chief.
[2] Before 1947, the President was the only common superior of the Army (under the
Secretary of War) and the
Navy and Marine Corps (under the
Secretary of the Navy).
[3] The
National Security Act of 1947, and the 1949 amendments to the same act, created the
Department of Defense and the services (Army, Navy, Marine Corps and Air Force) became subject to the "authority, direction and control" of the
Secretary of Defense; the
civilian cabinet-level official serving as the head of the Department of Defense and who is appointed by the President with the
advice and consent of the
Senate.
[4][5]
The power to declare war is constitutionally vested in Congress,
[6] but the president has ultimate responsibility for the direction and disposition of the military. The present-day operational command of the Armed Forces is delegated to the
Department of Defense and is normally exercised through the
Secretary of Defense. The
Chairman of the Joint Chiefs of Staff and the
Combatant Commands assist with the operation as outlined in the presidentially approved Unified Command Plan (UCP).
[7][8][9]
The exact degree of authority that the Constitution grants to the President as Commander in Chief has been the subject of much debate throughout American history, with Congress at various times granting the president wide authority and at others attempting to restrict that authority.
[10] Pursuant to the
War Powers Resolution of 1973, Congress must authorize any troop deployments longer than 60 days, although that process relies on triggering mechanisms that have never been employed, rendering it ineffectual.
[11] Additionally, Congress provides a check to presidential military power through its control over military spending and regulation. Presidents have historically initiated the process for going to war,
[12][13] but critics have charged that there have been several conflicts in which presidents did not get official declarations, including
Theodore Roosevelt's military move into
Panama in 1903,
[12]the
Korean War,
[12] the
Vietnam War,
[12] and the invasions of
Grenada in 1983
[14] and
Panama in 1989.
[15]
The amount of military detail handled personally by the President in wartime has varied dramatically.
[16] George Washington, the first U.S. president, firmly established
military subordination under civilian authority. In 1794, Washington used his constitutional powers to assemble 12,000 militia to quell the
Whiskey Rebellion—a conflict in western Pennsylvania involving armed farmers and distillers who refused to pay excise tax on spirits. According to historian
Joseph Ellis, this was the "first and only time a sitting American president led troops in the field", though
James Madison briefly took control of artillery units in
defense of Washington D.C. during the
War of 1812.
[17]
Abraham Lincoln was deeply involved in overall strategy and in day-to-day operations during the
American Civil War, 1861–1865; historians have given Lincoln high praise for his strategic sense and his ability to select and encourage commanders such as
Ulysses S. Grant.
[18] On the other extreme,
Woodrow Wilson paid very little attention to operational military details of
World War I and had very little contact with the War Department or with General
John J. Pershing, who had a high degree of autonomy as commander of the armies in France.
[19] As President in
World War II,
Franklin D. Roosevelt worked closely with his generals, and admirals, and assigned Admiral
William D. Leahy as
Chief of Staff to the Commander in Chief.
[20] Harry S. Truman believed in a high amount of civilian leadership of the military, making many tactical and policy decisions based on the recommendations of his advisors—including the decision to use
atomic weapons on Japan, to commit American forces in the
Korean War, and to
terminate Douglas MacArthur from his command.
[21] Lyndon B. Johnson kept a very tight personal control of operations during the
Vietnam War, which some historians have sharply criticized.
[22]
In 1990, the Iraqi
invasion of Kuwait and the ensuing
Gulf War in 1991, saw
George H. W. Bush assemble and lead one of the largest
military coalitions of nations in modern times. Confronting a major constitutional issue of murky legislation that left the wars in Korea and Vietnam without official declarations of war, Congress quickly authorized sweeping war-making powers for Bush.
[23] The leadership of
George W. Bush during the
War in Afghanistan and
Iraq War achieved mixed results. In the aftermath of the
September 11 attacks by
al-Qaeda, the subsequent
War on Terror that followed, and the
2003 invasion of Iraq due to Iraq's sponsorship of terrorism and alleged possession of weapons of mass destruction, the speed at which the
Taliban and
Ba'ath Party governments in both Kabul and Baghdad were toppled by an overwhelming superiority of American and allied forces defied the predictions of many military experts. However, insufficient post-war planning and strategy by Bush and his advisors to rebuild those nations were costly.
[24][25]
The president, as Commander in Chief, may also call into federal service individual state units of the
National Guard. In times of war or national emergency, the Congress may grant the president broader powers to manage the national economy and protect the security of the United States, but these powers were not expressly granted by the Constitution.
[26]
https://en.wikipedia.org/wiki/Powers_of_the_President_of_the_United_States
It seems to me that only the Senate can stop President Trump, but only after 60 days. If I am reading them right, the Pentagon has to follow the orders of the President, so long as they are Constitutional, and that President Trump will have to seek the permission of the Senate after 60 days from when the troops were deployed. Furthermore, as he is not declaring war upon a foreign power but responding to a national emergency, he does not need the prior permission of Congress to send the troops.
Sorry to have posted so much, but I wanted the sources of the information to be seen.
