In early September 2025, President Donald Trump signed an executive order directing the DoD and its leaders may use the names “Department of War” and “Secretary of War” in certain contexts. The administration and its surrogates quickly began updating social media handles, using the titles publicly, and spending the money to change signage. Yet, despite the dramatic rebranding, the Department of Defense remains the legal name.
Only Congress can amend or replace statutory titles. The Department of Defense currently remains the legal entity established by Congress in 1949. Trump’s order does not override existing law; instead, it authorizes a secondary title that may be used in non-statutory communications.
What The Executive Order Does
The order permits the Secretary of Defense, the DoD, and its subordinate officials to use “Secretary of War,” “Department of War,” and associated war-style titles in official correspondence, public communications, ceremonial contexts, and non-statutory documents within the executive branch. That means in places like press releases, office signage, or public events, “War Department” may appear – but statutes, contracts, treaties, and court filings still have to refer to DoD. It also directs other executive agencies to recognize those names in communications, provided such use does not conflict with existing law.
The executive order explicitly states that statutory references to “Department of Defense,” “Secretary of Defense,” and subordinate officers remain controlling until Congress enacts a law to change them. In practical terms, that means ever law, budget, treaty, and military regulation still recognizes the DoD as the nation’s central defense authority. No contract can be signed, funding disbursed, or order issued under the name “Department of War” without new legislation.
To promote legislative follow-up, the order also requires the Secretary “of War” to submit a recommendation within 60 days on the executive and legislative actions needed to permanently change the name of the department by statute.
Historical Roots And Legal Identity
The “Department of War” name traces back to 1789, when Congress created it through the Act to Establish an Executive Department, to be Denominated the Department of War. It managed military affairs for the early republic, including the frontier army and Native relations. This replaced the Board of War and Ordnance, which had been established by Washington in 1776 for purposes of the Revolution.
By the late nineteenth century, the War Department (sometimes referred to as the War Office) had grown into a complex bureaucracy managing everything from ordnance to engineering. The Navy acquired its own Cabinet-level department in 1798, and after WWII, Congress consolidated the armed services through the National Security Act of 1947, which abolished the War Department and replaced it with the National Military Establishment – renamed the Department of Defense two years later.
That statutory reorganization under Title 10 U.S.C. permanently replaced “Secretary of War” with “Secretary of Defense.” Nothing in the 2025 executive order alters that foundation. Reverting legally to “Department of War” would require Congress to amend the National Security Act or repeal the subsequent codifications that define the Department’s present structure.
A Modern Parallel: DBA
From a legal standpoint, the administration’s move operates much like a “doing business as” (DBA) name in corporate law. A company registered as The Pacific Corporation may decide to publicly market itself as Air America. Its brand changes, but the contracts, liabilities, and tax identity remain under the original name.
The executive order achieves the same effect. The Pentagon can present itself as the “Department of War,” yet its legal identity, funding authorities, and statutory powers remain those of the Department of Defense. Every treaty, budget line, and court filing must cite the DoD name. The shift carries rhetorical power but no new authority.
Why It Matters
The rebrand is aimed at reshaping tone and posture. The administration argues “war” signals resolve and aggressiveness in contrast to “defense,” which it sees as passive. Words matter in national branding, even if they do not carry legal weight.
Legal And Administrative Tension
Because statutory references still dominate, the new titles are more cosmetic than structural. Anyone relying on DoD’s legal identity in contracts, legislation, or court cases still is not affected. Introducing multiple names does open pitfalls: which name applies to legal acts? Could confusion arise over treaties or interagency communication?
The Cost Of Rebranding
Already, the Pentagon has started replacing signs, issuing new web domains (e.g. war.gov), and shifting branding elements. Changing physical infrastructure, letterheads, seals, and legal instruments is expensive and fraught with logistical challenges.
Testing Executive Limits
Perhaps most importantly, the order is a test: how far can the executive branch reshape agencies by style without Congress’s consent? The DoD is established by law; its name is embedded in statutes. Trump’s order does not legally override that. The order underscores how far presidential rebranding can go before it collides with separation-of-powers boundaries.
Bottom Line
For now, the name “Department of War” is more stagecraft than statecraft – a symbolic revival of an older identity that carries no new authority. Yet symbols have a way of shaping institutions. Whether Congress leaves the title untouched or eventually adopts it, the words themselves mark a shift in how the Pentagon wants to be seen: less as a guardian, more as a combatant.
