Reading Room Document

Members of Congress Holding Commissions in the Armed Forces Reserves

The document addresses the issue of Members of Congress holding commissions as officers in the Armed Forces Reserves. The main concern is whether the constitutional provision, the Incompatibility Clause, requires the President to take action with respect to the reserve commissions currently held by Members of Congress. The document presents background information on the number of Members of Congress holding commissions in the reserves and the obligations and benefits associated with their status. It also discusses the constitutional provisions involved and the arguments presented by the executive branch regarding the interpretation of the clause. The conclusion reached is that the exclusive responsibility for interpreting and enforcing the Incompatibility Clause rests with Congress, and it would be undesirable for the President to confront the problem directly. The questions presented for review include whether reserve commissions held by Members of Congress violate the Incompatibility Clause and whether the President has the authority to take action in this matter.

October 18, 1977