MI 8328 War 2958.98 MAY 11998 The Author WAR DEPARTMENT. Document No. 63. OFFICE OF THE JUDGE-ADVOCATE GENERAL. APPENDIX A.—Letter of the Secretary of War with regard to General Order No. 32, Adjutant-General's Office, 1873- CHAPTER I. CLASSIFICATION AND SOURCE OF AUTHORITY OF ARMY REGULATIONS. The words regulate and regulation are used in several places in the Constitution of the United States. Thus, Congress has power to "regulate" commerce, to “regulate" the value of money, to make rules for the government and "regulation” of the land and naval forces, to make "regulations" with regard to the elections of Senators and Representatives, to make "regulations" with reference to the jurisdiction of the Supreme Court in certain cases, and to make needful rules and “regulations" respecting the territory and other property of the United States. In all these cases regulation is legislation. By virtue of its power to make rules and regulations for the land and naval forces, Congress covers a large field of legislation relating to the administration of military affairs. When this is done, there, however, remains a mass of matters appertaining to the military establishment, which it is necessary to "regulate." Legislation can not enter into all the details of this regulation, and, if it could, it would not be desirable, because a legislative code, controlling the whole subject of military administration, would not have the necessary elasticity. The Constitution provides a way of supplementing this power of Congress, the President, as Executive and Commander-in-Chief of |