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So it was, also, that Lincoln proclaimed emancipation in his capacity as commander in chief of the armed forces, leaving questions of gradualism, compensation and consent behind.
The administration asserts that under the law the president, when acting in his constitutional capacity as commander in chief, may do whatever he wants, unfettered by laws passed by Congress.
Lincoln told the ministers he saw no legal or constitutional problems with freeing the slaves in the Confederacy in his capacity "as commander in chief of the Army and Navy, in time of war".
The administration's brief could not be blunter in its argument that the president is the law on this issue: "The president, in his capacity as commander in chief, has conclusively determined that the Guantánamo detainees... are not entitled to prisoner-of-war status under the Geneva Convention".
A government brief in the Supreme Court put it bluntly: "The president, in his capacity as commander in chief, has conclusively determined that the Guantánamo detainees -- both Al Qaeda and Taliban -- are not entitled to prisoner-of-war status under the Geneva Convention".
Mr. Bush's order establishing the tribunals -- issued on Nov. 13 not as an executive order but rather as a military order by the president in his constitutional capacity as commander in chief of the armed forces -- set only broad guidelines for the tribunals.
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Although from time to time, in his capacity as "commander-in-chief" of the armed forces (Article II, section 2 of the Constitution), the president has committed troops to combat, the power to declare war is explicitly Congress's (Article I, section 8), not his.The founding fathers went to great pains to prevent our elected monarch from doing what your hereditary one could then do.
As Commander Walton says, they will keep trying.
Leave the "Capacity" as is.
After Corporal Comeau's body was discovered, Colonel Williams sent her father a letter of condolence in his capacity as base commander.
"Bosco" was the commander with responsibility over the operations in Kiwanja, not only due to his overall position as CNDP Chief of Staff but also in his capacity as regional commander of CNDP in Rutshuru territory.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com