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Commission (document)
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A commission is a formal document issued to appoint a named person to high office or as a commissioned officer in a territory's armed forces. A commission constitutes documentary authority that the person named is vested with the powers of that office and is empowered to execute official acts.[1] A commission often takes the form of letters patent.
Commissions are typically issued in the name of or signed by the head of state. In Commonwealth realms, the documentation is referred to as a King's Commission or Queen's Commission (depending on the gender of the reigning monarch). However, in Commonwealth realms other than the United Kingdom, they may be signed by the governor-general, the representative of the monarch of that realm.
Terminology
[edit]Because the word "commission" can also refer generally to an individual's duty, the more specific terms commissioning parchment or commissioning scroll are often used to specify the commissioning document. However, the document is not usually in the form of a scroll and is more often printed on paper instead of parchment. In Canada, there is a differentiation in terminology according to rank; officers are accorded commissioning scripts.[citation needed]
Military and naval examples
[edit] | This section needs additional citations for verification. (August 2021) |
Canada
[edit]Here is an example from Canada:
CHARLES THE THIRD, by the Grace of God, King of Canada and His other Realms and Territories, Head of the Commonwealth
To ........ .........
hereby appointed an Officer in His Majesty's Canadian Armed Forces
With Seniority of the .... day of ......... ....
WE reposing especial Trust and Confidence in your Loyalty, Courage and Integrity do by these Presents Constitute and Appoint you to be an Officer in our Canadian Armed Forces. You are therefore carefully and diligently to discharge your Duty as such in the Rank of .............. or in such other Rank as We may from time to time hereafter be pleased to promote or appoint you to, and you are in such manner and on such occasions as may be prescribed by us to exercise and well discipline both the Inferior Officers and Non-Commissioned Members serving under you and use your best endeavour to keep them in good Order and Discipline, and We do hereby Command them to Obey you as their Superior Officer, and you to observe and follow such Orders and Directions as from time to time you shall receive from Us, or any other your Superior Officer according to Law, in pursuance of the Trust hereby Reposed in you.
IN WITNESS Whereof our Governor General of Canada hath hereunto set her hand and Seal at Our Government House in the City of Ottawa this .... day of .......... in the Year of our Lord ................... and in the .... Year of Our Reign.
By Command of Her Excellency the Governor General
Canadian Commissioning Scripts, as they are properly called by NDHQ, are signed by the Governor General of Canada and countersigned by the Minister of National Defence, on behalf of the King of Canada.[citation needed]
Here is an example of the Royal Canadian Navy's Commission from pre-1968:
ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith.
To Mr . . . . . . . . . . . . hereby appointed Sub Lieutenant in Her Majesty's Canadian Fleet.
WE reposing special Trust and Confidence in your Loyalty, Courage and Integrity, do by these Presents Constitute and Appoint you a Sub Lieutenant, Royal Canadian Navy, Willing and Requiring you from time to time to repair on board and to take upon you the Charge and Command of Sub Lieutenant in any ship or Establishment to which you may hereafter at any time be duly appointed, or the charge and Command of any other Rank to which you may be promoted or appointed, strictly Charging and Commanding all the Officers and company of the said Ship or Establishment subordinate to you to conduct themselves jointly and severally in their respective employments with all due Respect and Obedience unto you, and you likewise to observe and execute the Queen's Regulations and Orders for the Royal Canadian Navy and such Orders and Instructions as you shall from time to time receive from Naval Headquarters or from your Superior Officers. Hereof nor you nor any of you may fail as you will answer the contrary at your Peril. And for so doing so this shall be Your Commission.
Sweden
[edit]
Officers in the Swedish Armed Forces have not received written commissions since 1982 when a new employment structure was instituted by law. They are nowadays hired on contracts, as in any other civil service position. Prior to 1982 all officers received written certificates of commission, each signed by the King of Sweden.
The wording used prior to 1982 in translation would be;
We N.N. By the Grace of God, King of the Swedes, the Goths and the Wends, make known: that We by this open commission have by grace commissioned and appointed the [present rank] in the [name of service or regiment] [recipients name] that from [day] of [month] [year] be [new rank] in the [name of service or regiment]. This for the observance of all. Stockholm Palace on the [day] of [month] [year].
United Kingdom
[edit]The following is typical of the wording of a British commission during the reign of Charles III,[2]
CHARLES THE THIRD, by the Grace of God
of the United Kingdom of Great Britain and Northern Ireland, and of His other Realms and Territories King, Head of the Commonwealth, Defender of the Faith.To our Trusty and Well Beloved ........................ Greeting:
We, reposing especial Trust and Confidence in your Loyalty, Courage, and good Conduct, do by these Presents Constitute and Appoint you to be an Officer in Our ......................... from the .... day of ........ ...... You are therefore carefully and diligently to discharge your Duty as such in the Rank of .................... or in such other Rank as We may from time to time hereafter be pleased to promote you to, of which a notification will be made in the London Gazette, and you are in such manner on such occasions as may be prescribed by Us to exercise and well discipline in their duties such officers, men and women as may be placed under your orders from time to time and use your best endeavours to keep them in good order and discipline.
And We do hereby Command them to Obey you as their superior Officer and you to observe and follow such Orders and Directions as from time to time you shall receive from Us, or any superior Officer, according to the Rules and Discipline of War, in pursuance of the Trust hereby reposed in you.
Given at Our Court, at Saint James's the .... day of ........ .... in the ..... Year of Our Reign
BY HIS MAJESTYS COMMAND
The commission would be signed by the King at the top left of the scroll (although a facsimile signature may be used) and countersigned at the bottom of the scroll by two senior members of the Ministry of Defence.
Royal Navy pre-1964
[edit]Before the Board of Admiralty were merged into the Ministry of Defence in 1964, with the title of Lord High Admiral reverting to the Crown, the naval officer's commission was signed not by the Sovereign but by the Lords Commissioners of the Admiralty, executing the office of Lord High Admiral. The naval officer's commission was worded as follows:[3]
By the Commissioners for Executing the Office of Lord High Admiral of the United Kingdom.
To ......... ..........
hereby appointed a ............... in Her Majesty's Fleet.
By Virtue of the Power of Authority to us given by Her Majesty's Letters Patent under the Great Seal, We do hereby constitute and appoint you a .......... in Her Majesty's Fleet. Charging and Commanding you in that rank or in any higher rank to which you may be promoted to observe and execute the Queen's Regulations and Admiralty Instructions for the Government of Her Majesty's Naval Service and all such Orders and Instructions as you shall from time to time receive from Us or from your Superior Officers for Her Majesty's Service. And likewise Charging and Commanding all Officers and Men subordinate to you according to the said Regulations Instructions or Orders to behave themselves with all due Respect and Obedience to you their Superior Officer. Given under our hands and the Seal of the Office of Admiralty this .... day of ......... .... in the .... Year of Her Majesty's Reign.
By Command
With Seniority of ..............
Similarly the following is the wording of a Lieutenant's Commission from 1800:
By the Commissioners for executing the Office of the Lord High Admiral of Great Britain and Ireland &c and of all His Majesty's Plantations &c.
To Lieut. ..... hereby appointed Lieutenant of His Majesty's Ship the.......
By Virtue of the Power and Authority to us given We do hereby constitute and appoint you Lieutenant of His Majesty's Ship the ..... willing and requiring you forthwith to go on board and take upon you the Charge and Command of Lieutenant in her accordingly. Strictly Charging and Commanding all the Officers and Company belonging to the said ship subordinate to you to behave themselves jointly and severally in their respective Employments with all the Respect and Obedience unto you their said Lieutenant; And you likewise to observe and execute as well the General printed Instructions as what Orders and Directions you shall from time to time receive from your Captain or any other your superior Officers for His Majesty's service. Hereof nor you nor any of you may fail as you will answer the contrary at your peril. And for so doing this shall be your Warrant. Given under our hands and the Seal of the Office Admiralty this ..... day of ....., ..... in the ..... Year of His Majesty's Reign.
By Command of their Lordships
Seniority ..............
It was signed by two Lords Commissioners of the Admiralty and a Secretary, i.e. a quorum of the Board of Admiralty.
United States
[edit]
Article II, section 3, of the U.S. Constitution provides that the President "shall Commission all the Officers of the United States," including officers of the uniformed services as well as civilian officers. Commissions of officers in the armed services are issued in the name of the President, although authority to sign on the President's behalf is generally exercised by the secretary of the department in which the officer is being commissioned. This includes not only "commissioned officers" but also "commissioned warrant officers" (warrant officers in the pay grades of W-2 through W-5). Warrant officers at the grade of W-1 are appointed by warrant by the secretary of their respective service, except in the Coast Guard where they are appointed by secretarial commission.
The commission of a newly commissioned officer reads [citation needed]:
The President of the United States of America
To all who shall see these presents, greeting:
Know Ye that, reposing special trust and confidence in the patriotism, valor, fidelity and abilities of .................., I do appoint ["him" or "her"] a ["Second Lieutenant" or "Ensign"] in the [name of service] to rank as such from the .... day of ........ ...... This Officer will therefore carefully and diligently discharge the duties of the office to which appointed by doing and performing all manner of things thereunto belonging.
And I do strictly charge and require those Officers and other personnel of lesser rank to render such obedience as is due an officer of this grade and position. And this Officer is to observe and follow such orders and directives, from time to time, as may be given by me, or the future President of the United States of America, or other Superior Officers acting in accordance with the laws of the United States of America.
This commission is to continue in force during the pleasure of the President of the United States of America for the time being, under the provisions of those Public Laws relating to Officers of the Armed Forces of the United States of America and the component thereof in which this appointment is made.
Done at the City of Washington, this .... day of ........ in the year of our Lord ................ and of the Independence of the United States of America the ..........
By the President:
At higher grade levels (Major or Lieutenant Commander and above in the Regular components and Colonel or Captain and above in the Reserve components), appointments and promotions require Senate confirmation, and the wording of the commission reflects that fact: "... I have nominated and, by and with the Advice and Consent of the Senate, do appoint..."
Examples of commissions to civil offices
[edit] | This section needs additional citations for verification. (August 2021) |
United States
[edit]The Constitutional requirement mentioned above, that the President commission all officers of the United States, includes a wide range of civilian officials, including justices of the Supreme Court and other federal judges, the heads of executive departments, subcabinet level officials down to the level of assistant secretary, U.S. attorneys and marshals, diplomatic representatives, and members of the US Foreign Service, among others. Commissions are issued in the name of the President, either under his own signature or that of an official delegated to act on his behalf, and under either the Great Seal of the United States or the seal of the executive department in which the appointment is made.
A typical commission for a Presidentially-appointed, Senate-confirmed civilian official in the Executive Branch would read:
[Name of the President]
President of the United States of AmericaTo all who shall see these presents, Greeting:
Know ye, that reposing special trust and confidence in the Integrity and Ability of [name of appointee] of [home state], I have nominated, and, by and with the advice and consent of the Senate, do appoint [him/her] to be
[name of office]
and do authorize and empower [him/her] to execute and fulfil the duties of that Office according to law, and to have and to hold the said Office, with all the powers, privileges, and emoluments thereunto of right appertaining, unto [him/her] the said [name of appointee] during the pleasure of the President of the United States for the time being.In testimony whereof, I have caused these Letters to be made Patent, and the Seal of the [executive department concerned] to be hereunto affixed.
Done at the City of Washington this [day] day of [month] in the Year of our Lord [year] and of the Independence of the United States of America the [age of America].
By the President: [President's signature]
[Seal of the executive department concerned]
[Signature of the head of the department] [name of their office]
For heads of executive departments and independent agencies, the Seal of the United States and the signature of the Secretary of State appear. If the position is subordinate to the head of an executive department, the seal of the relevant executive department appears instead of the Seal of the United States, and the signature of the head of that department replaces that of the Secretary of State.
For certain positions, other characteristics such as "prudence" (for ambassadors) or "wisdom, uprightness, and learning" (for judges) may be used in addition to or instead of "integrity and ability". If a position is for a fixed term of years or "during good behavior", the appropriate wording replaces the clause beginning "during the pleasure of the President."
Commissions of officers in the U.S. Foreign Service are also signed by the President. The commission of a newly commissioned officer reads:
The President of the United States of America
To (name of officer) Greeting
Reposing special trust and confidence in your Integrity, Prudence and Ability, I have nominated and, by and with the advice and consent of the Senate, do appoint you a Foreign Service Officer, a Consular Officer, and a Secretary in the Diplomatic Service of the United States of America, and do authorize and empower you to do and perform all such matters and things as to the said offices do appertain, and to have and to hold the said offices, and to exercise and enjoy all the rights, privileges and immunities thereunto appertaining, during the pleasure of the President of the United States.
In testimony whereof, I have caused the Seal of the United States to be hereunto affixed.
Done at the City of Washington this .... day of .... in the year of our Lord .... and of the Independence of the United States of America the ....
By the President (President's signature)
The commission is countersigned by the Secretary of State, and the singular Great Seal of the United States (entrusted to the Secretary under the 1789 statute creating the Department of State[4]) is affixed.
US States
[edit]Similar to the U.S. Constitution's provisions directing the President to commission executive officers of the U.S. Government, the states' constitutions and/or laws provide for state (and sometimes local) officers to be commissioned; for example, Texas law directs the Texas governor to commission most state officers and elected county officers.[5]
A person applying for a license to be a notary public receives a commission, generally indicating what political jurisdiction (state or District of Columbia) issued it, the period of its validity (usually four years from issue), and the signature of the issuing authorities (usually the Governor and countersigned by the Secretary of State).
See also
[edit]References
[edit]- ^ Black's Law Dictionary, 11th Ed.
- ^ https://i0.wp.com/davidhumesfootsoldier.com/wp-content/uploads/2018/08/commissioning-scroll.jpg [bare URL image file]
- ^ Royal Navy: Covey Crump Archived 14 December 2008 at the Wayback Machine
- ^ 1 U.S. Statutes at Large, ch. 4, sec. 1
- ^ Texas Gov't Code § 601.005
External links
[edit]
- Army.ca Junior Officer's Guide
- Covey Crump (naval information)
- Commission, dated July 10, 1783 appointing George Vancouver fourth Lieutenant of HMS Fame
- Putting a Ship in commission The London Saturday Journal, 16 February 1839
Commission (document)
View on GrokipediaDefinition and Terminology
Legal Definition
A commission is a formal written warrant or authority, typically issued by a government, one of its departments, or a court, that empowers the named individual to execute specific acts or exercise designated powers. This instrument derives from executive or sovereign prerogative, serving as the legal basis for conferring official authority, such as in appointments to public office, judicial roles, or specialized duties. Unlike informal delegations, a commission constitutes an official delegation of power, often under seal, and may require acceptance or oath-taking to activate.[3][4] In constitutional systems rooted in common law traditions, commissions formalize the separation of powers by vesting authority traceable to the appointing entity, such as a president or governor, subject to legislative confirmation where required. For instance, under U.S. law, the commission empowers federal judges to assume office following Senate advice and consent, marking the completion of the appointment process. Similarly, in military contexts, it appoints officers with rank and command prerogatives, as governed by statutes like 10 U.S.C. § 531, which mandates presidential issuance for certain ranks. The document's legal force stems from its role in evidencing delegated sovereignty, rendering actions taken thereunder presumptively valid unless revoked or challenged.[5] Commissions differ from mere contracts or licenses by embodying public trust and accountability; revocation typically requires due process, and holders may face removal only for cause in tenured positions. Historical precedents, such as those under English monarchs, underscore their role in preventing unauthorized exercise of state power, a principle carried into modern jurisprudence where courts uphold commissions as indispensable to official capacity.[6]Historical and Etymological Context
The word commission originates from the Latin commissio, meaning "a joining together" or "the act of entrusting," derived from com- ("together") and mittere ("to send"), entering Middle English around 1344 via Old French commission.[7] [8] This etymological root underscores the concept of delegated authority, evolving from general notions of commitment or dispatch to specific legal instruments conferring powers upon named individuals.[9] In medieval English law, commission documents first appeared as formal royal authorizations, typically issued as letters patent under the Great Seal, to empower appointees to execute sovereign functions such as judicial inquiries or administrative duties.[10] By the 14th century, commissions of oyer and terminer—granting commissioners authority to hear and determine felonies and trespasses—exemplified this practice, enabling localized enforcement of common law without requiring the king's personal presence.[11] These instruments reflected monarchical efficiency in feudal governance, where absolute authority was pragmatically subdivided to manage expansive territories, as seen in commissions of assize for land disputes and array for military levies.[12] The ecclesiastical variant, such as the Court of High Commission established in 1549 under Edward VI, extended this framework to enforce religious conformity, comprising bishops and lawyers vested with inquisitorial powers until its abolition in 1641 amid parliamentary opposition.[13] This evolution from ad hoc medieval writs to structured delegations laid foundational precedents for modern commissions, prioritizing verifiable delegation over oral or customary grants to mitigate disputes over legitimacy.[14]Historical Development
Origins in Monarchical and Common Law Traditions
In medieval monarchical systems, particularly in England following the Norman Conquest, rulers delegated portions of their sovereign authority through written instruments known as commissions to ensure orderly administration and military readiness. These documents served as formal warrants empowering appointees to act in the king's name, often for limited scopes such as judicial oversight or troop mobilization, reflecting the feudal principle that all power emanated from the crown. The practice addressed the logistical challenges of centralized rule over dispersed territories, providing verifiable proof of delegated powers to prevent disputes over legitimacy. Early examples include royal directives to local lords for peacekeeping, evolving into structured appointments by the 12th century. Within English common law traditions, commissions became embedded as the primary mechanism for constituting public offices, integrating royal prerogative with evolving legal norms that emphasized due process and accountability. By the 13th century, commissions of array were routinely issued to gentry and sheriffs, authorizing them to assemble, arm, and train able-bodied men for defense against invasion or internal unrest, as seen in mandates under Henry III around 1242 and subsequent reigns. Similarly, commissions of oyer and terminer empowered groups of justices to hear and determine criminal cases, supplementing assize circuits and extending royal justice beyond central courts. These instruments, often sealed with the great or privy seal, specified the appointees' duties, tenure, and jurisdictional bounds, underscoring the common law's reliance on written evidence to bind agents to lawful exercise of authority rather than arbitrary delegation.[11] The 14th century marked a consolidation of this tradition, with the Justices of the Peace Act of 1361 formalizing commissions of the peace, which appointed county gentry to investigate crimes, suppress riots, and enforce statutes—powers tracing to earlier "keepers of the peace" roles from 1195 but now codified to align with parliamentary oversight. This statutory endorsement transformed ad hoc royal grants into recurrent common law fixtures, influencing civil and military appointments alike by prioritizing gentry loyalty and local knowledge while curbing potential abuses through collective responsibility among commissioners. In military applications, such commissions laid groundwork for later personal warrants to captains leading indentured retinues, shifting from feudal levies toward proto-professional forces under Edward III's campaigns.[15][16]Evolution in Constitutional Systems
In constitutional monarchies, commissions evolved from instruments of unchecked royal prerogative to mechanisms constrained by parliamentary sovereignty and conventions. Prior to the Glorious Revolution of 1688, British monarchs issued commissions as direct extensions of personal authority, often for military or civil offices without legislative input, rooted in medieval practices where the crown delegated governance through sealed documents. The Bill of Rights 1689 and subsequent acts imposed limits, mandating parliamentary approval for raising armies and funds, which indirectly curbed arbitrary appointments; by the 18th century, commissions for high offices required ministerial advice, transforming them into formal validations of executive decisions rather than sovereign whims. This shift reflected causal pressures from parliamentary assertions of power, ensuring commissions served accountable government rather than absolutism.[17] In republican constitutional systems, such as the United States, framers explicitly redesigned commissions to distribute appointment powers and mitigate monarchical excesses observed in British history. Article II, Section 2 of the 1787 Constitution vested the President with authority to nominate principal officers subject to Senate confirmation, while mandating presidential commissioning of "all the Officers of the United States," a clause designed to authenticate appointments while separating office creation (congressional) from filling (executive-legislative). This balanced executive initiative against legislative veto, addressing Federalist concerns over concentrated power; early precedents, like George Washington's 1789 commissions to cabinet officers, established the document's role as evidence of vested authority under divided government. Similar patterns emerged in other republics, where commissions formalized delegation within separation-of-powers frameworks, prioritizing institutional checks over personal loyalty.[18][19] 20th-century reforms further evolved commissions by curtailing patronage in favor of meritocracy, driven by corruption scandals and demands for efficiency. In the UK, the Northcote-Trevelyan Report of 1854 criticized political favoritism in civil service appointments, leading to the 1870 Order in Council that prioritized open competition, reducing commissions to routine affirmations for permanent bureaucrats rather than spoils of victory. The U.S. Pendleton Act of January 16, 1883, responded to Garfield assassination-era abuses by mandating exams for 10% of federal positions initially, expanding to most by 1940, thereby limiting presidential commissions to policy roles while insulating administration from electoral turnover. These changes causally stemmed from empirical evidence of patronage's inefficiencies, fostering professional bureaucracies that endure across administrations, though political commissions persist for judicial and senior executive posts to maintain democratic accountability.[20]Military and Naval Commissions
Core Features and Purposes
A military commission constitutes a formal written warrant appointing an individual to a commissioned rank within the armed forces, functioning as an official grant of executive authority derived from the sovereign or constitutional head of state.[21] It explicitly names the appointee, specifies the rank, branch of service, and effective date, while incorporating standardized phrasing that affirms the appointing authority's "special trust and confidence" in the officer's patriotism, courage, fidelity, and leadership capacities.[21] Typically executed on durable vellum or parchment, the document bears the signature of the president or monarch—often countersigned by a defense minister—and an impression of the great seal of the state, ensuring its authenticity and permanence as a legal record.[22] The core purpose of the commission is to vest the officer with lawful power to command subordinates, enforce discipline, administer oaths, and wield coercive force in the execution of military operations, thereby linking individual authority directly to the national command structure.[1] This grant originates from the executive's constitutional or prerogative powers to raise, organize, and direct armed forces, preventing unauthorized exercises of martial authority and maintaining accountability through a traceable chain of delegation.[21] Absent such a commission, an individual lacks the legal standing to hold commissioned rank or issue binding orders, as evidenced by historical precedents where revocations or lapses invalidated command legitimacy.[22] Beyond its juridical role, the commission symbolizes a moral and ethical compact, obligating the officer to uphold the constitution, obey superiors, and prioritize national defense over personal interest, thus fostering unity across services in collective service to the polity.[1] It serves evidentiary purposes in disputes over rank precedence, promotions, or retirements, with original documents retained as permanent records by military archives.[22] In practice, commissions enable the delegation of operational autonomy while imposing reciprocal duties of fidelity, ensuring that military power remains subordinate to civilian oversight.[21]Examples from Canada
In Canada, military commissions, known as Commission Scripts, serve as formal documents appointing individuals as commissioned officers in the Canadian Armed Forces (CAF), providing tangible evidence of their authority derived from the Sovereign through the Governor General. These scripts are issued to newly commissioned officers, such as second lieutenants or acting sub-lieutenants, and chaplains, and are signed by the Governor General and countersigned by the Minister of National Defence, bearing the Governor General's Privy Seal.[2] Unlike parchment traditions in some Commonwealth nations, Canadian scripts are printed on standard off-white antique bond paper measuring 16-1/2 by 11-3/4 inches.[2] Historical examples include pre-unification commissions from the Royal Canadian Navy (RCN), which preceded the 1968 merger of Canada's naval, army, and air force branches into the unified CAF. Such documents, like the depicted naval officer's commission, invoked the Sovereign's full titles, beginning with phrases such as "ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories, Queen," reflecting Canada's monarchical constitutional framework and derivation from English commissioning practices originating in 1649.[23] These early scripts adapted British formats post-Confederation in 1867 to affirm loyalty and grant command authority over personnel and equipment.[2] The text of Commission Scripts has undergone several revisions to align with structural and societal changes in the CAF. Unification in 1968 introduced standardized ranks across services; 1983 restored traditional naval designations; 1988 implemented gender-neutral language; and a 2024 modernization, approved by King Charles III, updated phrasing while preserving core elements of trust, loyalty, and integrity in the appointee.[2] Production involves submission of a formal application, verification of eligibility, laser printing, official signing, sealing, and delivery within approximately 30 working days, managed by the Directorate of Honours and Recognition. Replacements for lost scripts require a statutory declaration, but originals are unique and irreplaceable.[2] Distinct from officer commissions, appointment scrolls are issued to senior non-commissioned members, such as Chief Warrant Officers, and honorary roles, signed only by the Minister for warrant officers or jointly with the Governor General for flag officers, emphasizing recognition of substantive rank achievement rather than initial commissioning.[2] This bifurcated system underscores the hierarchical distinction in Canadian military tradition, where commissions confer delegated sovereign authority exclusively to officers.Examples from Sweden
In Sweden, military commissions are termed officersfullmakt, formal documents that appoint individuals to officer positions within the Swedish Armed Forces, granting them authority to exercise command. These commissions historically served as the legal basis for an officer's employment and rank, often issued under royal prerogative.[24] The practice of issuing officersfullmakt extends back to at least the 18th century, with records preserved in the Swedish National Archives. For example, in 1766, Curt Bogislaus von Stedingk obtained an officersfullmakt for service in the Royal Suédois regiment while in French employ, reflecting the era's international military engagements involving Swedish officers. Similarly, Ferdinand Julius Fagerlin interrupted his art studies in 1846 to prepare for and secure an officersfullmakt, highlighting how such documents provided economic stability and social status.[25] By the 19th century, officersfullmakt continued as a standard mechanism for commissioning. In 1876, an individual received an officersfullmakt for the Svea Livgarde, a prestigious guard regiment, underscoring the document's role in formalizing appointments to elite units.[26] Earlier instances, such as those during the Finnish War in the early 1800s, allowed students to expedite receipt of commissions to meet wartime needs.[27] Officer training prerequisites evolved over time; an officer examination was mandated starting in 1835, though private military schools were permitted until 1867, after which commissions required state-approved qualifications. The officersfullmakt system persisted into the 20th century, with documents signed by the reigning monarch, such as King Gustaf VI Adolf in examples from the mid-1900s, before reforms transitioned commissioning toward structured educational and employment pathways at institutions like Militärhögskolan Karlberg, established in 1792.[28]Examples from the United Kingdom
In the British Army, commissions were historically purchasable from the late 17th century until their abolition in 1871, serving as a mechanism to appoint officers in infantry and cavalry regiments while providing financial incentives for service and deterring misconduct through forfeiture risks.[29] Prices varied by rank and regiment type; for instance, a cornetcy (entry-level cavalry rank) in elite guards regiments could cost up to £4,500 in the early 19th century, equivalent to several years' income for a gentleman, with promotions requiring additional purchases from outgoing officers or the government.[30] This system, formalized by royal warrants such as that of 1765 under George III, prioritized applicants with independent means to ensure loyalty and reduce reliance on pay, though it often favored social connections over competence, contributing to inefficiencies exposed during the Crimean War (1853–1856).[31] An example is the 1783 commission issued to an officer in a line regiment, a parchment document bearing the monarch's authority and specifying duties, preserved in historical collections as evidence of pre-reform practices.[32] The purchase system ended via royal warrant on 20 November 1871, enacted by Secretary of State for War Edward Cardwell as part of broader reforms to merit-based advancement, shifting appointments to examinations and recommendations following training at institutions like the Royal Military College, Sandhurst (established 1802). Today, British Army officers receive a King's Commission upon completing the 44-week commissioning course at the Royal Military Academy Sandhurst, a formal document granting legal authority to command personnel and derived directly from the sovereign as head of the armed forces.[33] [34] This commission, countersigned by officials on the monarch's behalf, outlines the officer's rank, unit, and obligations under the Army Act 2006, with cadets affirming allegiance via oath during the Sovereign's Parade.[35] In the Royal Navy, commissions follow a parallel tradition, with officers appointed via royal warrant after selection and training at Britannia Royal Naval College, Dartmouth, emphasizing naval command authority over ships and personnel.[36] Historical examples include 18th-century commissions for captains, which explicitly vested "full power and authority" to execute martial law at sea, reflecting the navy's role in imperial enforcement. Modern issuances occur post-completion of the Initial Naval Training (Officer) course, typically 30 weeks, resulting in a document affirming the officer's status under the sovereign's prerogative, with promotions tracked via the Admiralty Board.[37] Unlike historical army practices, naval commissions never formalized purchase but relied on patronage and merit exams since the 18th century, evolving to prioritize technical proficiency amid 20th-century technological shifts.[36]Examples from the United States
In the United States, military commissions originated with appointments by the Continental Congress during the Revolutionary War, serving as formal documents granting authority to officers in the Continental Army. These early commissions, often signed by Congress president John Hancock, specified the officer's rank, regiment, and date of appointment. For instance, on January 1, 1776, Nathan Hale received a commission as captain in the Nineteenth Regiment of Foot, commanded by Colonel Charles Webb, which outlined his command responsibilities and was authenticated under congressional authority.[38] Following ratification of the U.S. Constitution, Article II, Section 2 vests the President with authority to commission officers of the Army, Navy, and other armed services, typically requiring Senate confirmation for ranks above warrant officer.[39] The commission document itself, issued in the President's name, formalizes the appointment, detailing the officer's rank, branch of service, and effective date, while the commissioning oath affirms loyalty to the Constitution.[40] Modern commissions are prepared by the relevant military department, with the Secretary of the Army, Navy, or Air Force—or a designee—signing on behalf of the President, and bear the Great Seal of the United States for authentication.[41] Historically, commissions evolved from parchment documents with elaborate scripts and seals to standardized printed forms, reflecting administrative efficiency while preserving symbolic elements of authority. During the Civil War, President Abraham Lincoln issued thousands of such commissions to Union officers, often expedited via brevets for meritorious service. In contemporary practice, direct commissions allow professionals like doctors or chaplains to enter as higher-ranking officers without traditional training, as seen in the Army's long-standing use for filling specialized roles since the 18th century. These documents remain revocable only through court-martial or administrative processes, underscoring their role in establishing legal command chains.[1]Civil Office Commissions
Distinct Characteristics Compared to Military Commissions
Civil office commissions confer authority derived from statutory definitions of civilian roles, such as executing laws, adjudicating disputes, or administering public policy, without the hierarchical command structure inherent in military service. In contrast, military commissions explicitly grant rank-based authority to lead troops, enforce discipline, and execute orders within a chain of command, as outlined in statutes like 10 U.S.C. §§ 531–532, which govern commissioned officers' appointments and promotions.[5] This distinction stems from the constitutional framework, where the President commissions "all the Officers of the United States" under Article II, Section 2, but military roles involve operational readiness for defense, while civil roles focus on governance unbound by martial discipline. The language in civil commissions typically emphasizes fidelity to constitutional duties and legal powers specific to the office, lacking the exhortations to obedience and subordinate command found in military documents. For instance, commissions for justices of the peace, as in Marbury v. Madison (1803), vested authority upon signing and sealing, tying the appointee to civil jurisdiction without military oversight, whereas military commissions include directives to "discharge the duties... by requiring [subordinates] to obey all orders" and maintaining order under superiors.[42] Military appointees swear oaths integrating service to the Commander in Chief, subjecting them to the Uniform Code of Military Justice (10 U.S.C. Chapter 47), whereas civil officers operate under civil accountability mechanisms like impeachment (U.S. Const. art. II, § 4) or statutory removal, without court-martial exposure. Accountability and tenure further diverge: military commissions tie duration to active service, promotions, or discharges under military law, allowing revocation via court-martial or administrative action for breaches of command fidelity, while civil commissions often specify fixed terms, life tenure (e.g., federal judges under U.S. Const. art. III, § 1), or good behavior standards, with removal requiring legislative processes rather than unilateral executive or superior officer discretion. This reflects causal differences in roles—military emphasizing rapid adaptability in conflict, civil prioritizing stability in peacetime administration—without evidence of equivalent command revocation powers in civil contexts, as affirmed in cases distinguishing officer classes.Federal Examples in the United States
The President of the United States issues commissions to all federal officers, including those in civil offices, pursuant to Article II, Section 3 of the Constitution, which requires that the President "shall Commission all the Officers of the United States."[43] This provision applies to principal civil officers such as Cabinet secretaries, ambassadors, federal judges, and heads of executive agencies, distinguishing them from career civil service employees who do not receive such documents.[44] Commissions serve as the formal grant of authority, evidencing the appointee's right to exercise the powers of the office. Following Senate confirmation of a presidential nomination under Article II, Section 2, the commission is prepared, typically by the Department of State or the White House Counsel's office, and signed by the President. It bears the Great Seal of the United States, is countersigned by a designated official (historically the Secretary of State), and is delivered to the appointee, often accompanied by an oath of office. For instance, upon Senate approval, a commission authorizes a Cabinet secretary, such as the Secretary of State, to lead their department; as of January 20, 2025, President Donald Trump issued commissions to newly confirmed secretaries including Marco Rubio as Secretary of State and Pete Hegseth as Secretary of Defense. Federal judges, including Supreme Court justices, receive commissions that grant lifetime tenure during good behavior, as established by Article III.[45] Historically managed by the Department of State, these documents confirm the judge's authority to adjudicate cases; for example, Justice Brett Kavanaugh's commission was issued on October 8, 2018, following his Senate confirmation. Ambassadors and other diplomatic officers similarly obtain commissions post-confirmation, enabling them to represent the United States abroad; the process ensures that only Senate-vetted individuals hold such roles, with over 150 ambassadorial commissions issued per presidential term on average.[46] Commissions for civil offices differ from military ones in lacking ranks or commands but share the core function of vesting executive authority.[47] They may be revoked only through impeachment, resignation, or expiration in non-lifetime roles, underscoring their role in maintaining accountability among principal officers.[44]State-Level Examples in the United States
In the United States, state governors commonly issue commissions as formal documents to appoint individuals to civil offices, including notaries public, members of regulatory boards, and officials filling vacancies in elective positions, thereby vesting them with legal authority to exercise their duties. These commissions typically specify the appointee's name, office, term of service, and the scope of powers granted, often requiring authentication such as the governor's signature and the state seal. Unlike federal commissions, state-level ones vary by jurisdiction but generally follow constitutional or statutory mandates for appointment processes, ensuring accountability through terms limited by election cycles or legislative oversight.[48] In Ohio, for instance, when a vacancy arises in an elective state office, the appointing authority—such as a political party committee or county officials—certifies the appointment to the Secretary of State, who then procures a governor's commission for the appointee before mailing it to the relevant entity for delivery. This process, detailed in state election guidelines, ensures the official's authority is formalized prior to assuming duties, as seen in protocols updated through at least 2023.[49] North Carolina provides another example with judicial commissions, where the governor issues an official document to trial judges authorizing them to perform judicial functions, including specifying the effective date and term. The absence or invalidity of such a commission can render judicial acts void, as illustrated in State v. Eley (2011), where a defendant's challenge to a murder conviction hinged on the trial judge's commission not being properly issued at the time of trial, though the court ultimately upheld a nunc pro tunc issuance.[48] Florida exemplifies commissions for notaries public, a common civil office involving authentication of documents and oaths. The governor appoints qualified residents aged 18 or older, issuing commissions that grant authority for a set term, subject to bonding and examination requirements under state law. As of 2024, the governor maintains discretion in the number of such appointments deemed necessary for public service.[50] These state practices underscore commissions' role in delimiting civil authority, often integrated with legislative confirmation or merit-based selection, differing from military commissions by emphasizing administrative rather than command functions.[49][48]Legal Framework and Implications
Issuance and Authentication Processes
The issuance of commission documents commences with the formal appointment by the executive authority, such as a head of state or designated official, following any requisite nomination and confirmation processes. In the United States, Article II, Section 2 of the Constitution vests the President with the power to nominate principal officers, subject to Senate advice and consent, after which the commission serves as the official warrant of authority.[51] Preparation involves drafting the document on vellum or paper, incorporating precise language delineating the office, rank, and tenure, often "during good behavior" for civil officers or specified terms for military roles.[52] Signing occurs by the appointing authority or an authorized delegate; for U.S. military officers, commissions bear the President's signature, typically executed via autopen or facsimile in modern practice but validated as official.[53] A countersignature by the relevant department head, such as the Secretary of Defense or a service secretary, attests to the administrative validity.[54] Authentication relies on the affixation of an official seal, which verifies the document's genuineness and the signatures' authenticity; in federal U.S. contexts, this may include the Great Seal of the United States for high-level appointments or departmental seals for military commissions, pressed into wax historically or via embossed impressions today.[55] Delivery to the appointee completes issuance, often coinciding with an oath of office to affirm acceptance and commitment.[1] For civil office commissions at state levels, governors perform analogous roles, signing documents sealed with state emblems to confer authority, such as for notaries or judges, ensuring chain-of-custody integrity through official registries where maintained.[56] Processes vary by jurisdiction but universally prioritize tamper-evident features like seals and registered serial numbers to preclude forgery, with legal presumptions of validity upon presentation of an unaltered original.[57]Scope of Authority and Accountability
The scope of authority in a commission document is precisely delineated to vest the recipient with defined powers necessary for executing the duties of the specified office or rank, serving as a formal delegation of executive prerogative from the commissioning authority, such as a head of state. This grant empowers the holder to perform official acts, including command, administration, or adjudication, but remains inherently limited to lawful exercises within jurisdictional and statutory bounds, ensuring no extralegal overreach.[1] In military commissions, authority encompasses hierarchical command over personnel, resources, and operations, with the ability to issue binding orders and make tactical decisions, underpinned by an admonition to obey superiors and uphold discipline. Accountability is rigorously enforced through the chain of command, where officers bear personal responsibility for subordinates' actions under doctrines like command responsibility, and via codified military justice systems that impose severe penalties for misconduct, such as dereliction of duty or unbecoming conduct, to maintain operational integrity and trust.[58][59] Officers' decisions are further constrained by superior oversight, with legal repercussions extending to courts-martial for violations, reflecting the elevated trust and scrutiny placed on commissioned ranks compared to enlisted personnel.[6] Civil commissions similarly confer targeted authority aligned with statutory roles—such as regulatory enforcement or administrative governance—but subordinate to legislative frameworks and judicial review, preventing arbitrary exercise. Accountability mechanisms include hierarchical reporting to appointing entities, performance evaluations tied to legal compliance, and remedies like impeachment, removal, or civil liability for actions exceeding scope (ultra vires), designed to align officials' conduct with public interest and rule of law principles. In practice, these ensure delegated powers revert or face nullification upon proven malfeasance, as seen in oversight by bodies enforcing personnel codes.[60]Revocation, Expiration, and Legal Challenges
Commissions for military officers in the United States are subject to revocation through structured administrative processes rather than arbitrary or informal means. Under 14 U.S.C. § 2141, the Secretary of Homeland Security may revoke the commission of any regular Coast Guard officer on active duty within the first five years of service, provided regulations are followed.[61] Similarly, Department of Defense Instruction 1332.30 governs separations for commissioned officers across branches, allowing revocation for reasons including substandard performance of duty, misconduct, or medical unfitness, with procedures mandating written notification, opportunity for rebuttal, and review by a separation authority.[62] These processes emphasize due process, as commissions cannot be revoked via verbal orders or unilateral commander action, reflecting the delegated presidential authority inherent in Article II of the Constitution.[63] In civil contexts, revocation of commissions varies by office type and statutory framework. For political appointees, such as ambassadors or certain federal executives, the appointing president or successor holds discretion to revoke, absent specific tenure protections.[64] Career civil service positions, however, incorporate merit system safeguards under the Civil Service Reform Act of 1978, limiting revocations to cause-based actions appealable to the Merit Systems Protection Board.[65] Advisory commissions established by executive order can be dissolved outright, as with the Presidential Advisory Commission on Election Integrity, disbanded on January 3, 2018, due to stalled progress and state non-cooperation. Military commissions generally lack automatic expiration dates, enduring until explicitly terminated by resignation, retirement, revocation, or completion of obligated service.[66] Upon retirement after 20 years of active duty (with at least 10 as a commissioned officer), the commission persists indefinitely in an honorary capacity.[67] Civil commissions tied to fixed terms, such as notary publics, expire after designated periods—often four years in U.S. states—necessitating renewal via examination or application.[68] Lifetime or good-behavior appointments, like federal judgeships under Article III, do not expire absent removal by impeachment. Legal challenges to commissions typically contest their validity, withholding, or revocation on constitutional or procedural grounds. In Marbury v. Madison (1803), the Supreme Court ruled that Secretary of State James Madison's refusal to deliver signed judicial commissions violated plaintiffs' vested rights, though it denied mandamus relief for lack of jurisdiction, thereby instituting judicial review of executive actions.[69] Military officers may challenge revocations via administrative boards of inquiry or Article I courts, invoking Fifth Amendment due process where separations exceed six months' confinement or lack evidence.[62] Civil challenges often proceed through federal district courts or appellate bodies, scrutinizing whether revocations exceed statutory authority, as in disputes over probationary federal employee terminations under recent executive actions.[70] Success rates depend on demonstrable procedural irregularities, with courts deferring to executive discretion unless ultra vires conduct is proven.References
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