Presidential power during wartime may be expanded

This article was published by the Taiwan Headlines on April 17, 2006. It reports that in order to reorganize Taiwan's command structure, various legislators in Taiwan recently announced their plan to empower the president, instead of the minister of national defense, to launch the first and second strikes of a war. Here, the term "first strike" means to launch a war. The term "second strike" means to counter an invasion.

According to the Constitution and the National Defense Act, the president is the supreme commander of Taiwan's army, navy and air force. He is also the commander-in-chief of Taiwan's Armed Forces. The National Defense Act further gives the president executive authority over the minister of national defense. He can declare war if necessary.

However, the National Defense Act does not give the president any power to give a specific command on how the strike may be launched. This power currently resides with the minister of national defense. The minister also has a chief of general staff to follow his command in leading Taiwan's military.

The design of the National Defense Act is that although the president has the power to declare war, his post as supreme commander only gives him a symbolic authority. The president may lack the kind of professional judgement required in actually prosecuting the war, but the ministry of national defense does. If Taiwan were to be invaded, then the minister of national defense would be fully capable of judging how the nation's armed forces should engage in combat against the attackers.

Military officials are worried that if the aforementioned plan proposed by the lawmakers is approved by the Legislative Yuan, then Taiwan's armed forces will have to wait for a presidential decision before they can strike back. However, these lawmakers argue that the president should have the power to decide whether and when to go on the offensive because he is the commander-in-chief.

According to these lawmakers, the ministry of national defense has the power to draft emergency plans and guidelines for combat, but the president should have the power to launch a military action. The ministry of national defense can have a considerable say in launch the first and second strikes after permission is granted by the president. The national security council should also be empowered to have a say in the first strike in order to avoid politically motivated attacks.