ne important power he lacks, that of choosing his subordinates, whose
grades and qualifications are determined by Congress and whose
appointment is ordinarily made by and with the advice and consent of the
Senate, though undoubtedly Congress could if it wished vest their
appointment in "the President alone."[109] Also, the President's power
to dismiss an officer from the service, once unlimited, is today
confined by statute in time of peace to dismissal "in pursuance of the
sentence of a general court-martial or in mitigation thereof."[110] But
the provision is not regarded by the Court as preventing the President
from displacing an officer of the Army or Navy by appointing with the
advice and consent of the Senate another person in his place.[111] The
President's power of dismissal in time of war Congress has never
attempted to limit.

THE COMMANDER IN CHIEF A CIVILIAN OFFICER

Is the Commander in Chiefship a military or civilian office in the
contemplation of the Constitution? Unquestionably the latter. A recent
opinion by a New York surrogate deals adequately, though not
authoritatively, with the subject: "The President receives his
compensation for his services, rendered as Chief Executive of the
Nation, not for the individual parts of his duties. No part of his
compensation is paid from sums appropriated for the military or naval
forces; and it is equally clear under the Constitution that the
President's duties as Commander in Chief represents only a part of
duties _ex officio_ as Chief Executive [Article II, sections 2 and 3 of
the Constitution] and that the latter's office is a civil office.
[Article II, section 1 of the Constitution; vol. 91, Cong. Rec.
4910-4916; Beard, The Republic (1943) pp. 100-103.] The President does
not enlist in, and he is not inducted or drafted into the armed forces.
Nor, is he subject to court-martial or other military discipline. On the
contrary, article II, section 4 of the Constitution provides that 'The
President, [Vice President] and All Civil Officers of the United States
shall be removed from Office on Impeachment for, and Conviction of
Treason, Bribery or other high Crimes and Misdemeanors.' * * * 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. President Roosevelt, in his Navy Day Campaign speech
at Shibe Park, Philadelphia, on October 27, 1944, pronounced t