Role of the President, the Executive Branch, Congress,

and Civilian Control of the Military 1

2

Overview

• Civilian Control of the Military • Constitutional Powers of the President and

the Executive Branch • Congressional Powers and Responsibilities

3

Democracy

• Government by the people: Supreme power vested in the people exercised either directly, or indirectly through a system of delegated authority in which people choose their representatives in free elections.

4

Traits

• Acceptance for minorities• Freedom of expression/of the

press• Respect for the dignity of the

individual• Bottom Line: Gov’t does not give

people their rights—it is instituted to protect rights which already exist!

5

“The end for which a soldier is recruited, clothed, armed, and trained, the whole object of his sleeping, eating, drinking and marching, is simply that he should fight at the right place and the right time.”

Carl von Clausewitz, 1831

6

• We must look to the people for war’s logic– Articulation of purpose– Definition of war– Limits of war

How do Democracies and Militaries Interact?

7

Accountability

Military officers have to be responsible for using the tool (military) in the way the

government/people wish.

8

Society must trust us!

• Officers are commissioned to wield violence on society’s behalf—never on their own behalf!– subordinate nature– inherent in constitution– balancing liberty and security

9

Constitutional Powers (President & Executive Branch

• Foreign Policy Powers– Chief Executive– Chief Negotiator and Diplomat– Authority to Appoint & Remove

Officials

10

Foreign Policy Powers

• Chief Executive– First sentence in Article II: “The Executive Power shall be

vested in a President of the United States”– “He shall take care that the laws be faithfully executed”

• Commander-In-Chief• Does the President have final authority to commit

troops abroad?

11

• Chief Negotiator and Diplomat– Executive Agreements

• Formal Obligations between US and foreign governments

• Do Not require Senate approval• Example: Status of Forces

Agreement (SOFA)

• Authority to appoint and remove officials

Presidential Constitutional Powers

12

• Historical Precedents – Represent US abroad– Negotiate international

agreements– Recognize other states– Initiate conduct of foreign

policy

Growth of Executive Dominance

13

• Supreme Court Decisions– Generally supported

Presidents in foreign policy– Curtiss-Wright case (1936)

• Congressional Deference & Delegation– Delegates foreign policy

prerogatives to President

Growth of Executive Dominance

14

Public Press

Radio/Television Interest

Group

Interested Individuals

Congress

Government Account Office Congressional Budget Office

Senate CommitteesArmed Services House Committees

Armed Services

Foreign RelationsInternational Relations

Budget Budget

Rules

Energy and National Resources

Science andTechnology

Appropriations Appropriations

Governmental Affairs

Governmental Operations

DefenseOSD, JCS, ArmyNavy, Air Force, DIA

National Security Agency

Commerce

Justice

FBI

State

CIA

TreasuryInterior

Executive Departments and Agencies

Arms Control Agency

DOE

Advisors

President Close

Office of Science and Technology Policy

Executive DepartmentsWhiteHouse Office

DomesticCouncil

NSC

OMB

Councilof EconAdvisors

Executive Institutions andPolicy Influences

15

• Growth of Executive Institutions– Foreign policy machinery grew

considerably since WWII– National Security Act of 1947

• Created NSC, CIA, and DOD• Gave President an intelligence

advisor (CIA) and military advisor (CJCS), and national defense advisor (Sec of Def)

Growth of Executive Dominance

16

• Assess and collect taxes• Regulate commerce (interstate and foreign)• Coin money• Establish post offices and post roads• Establish inferior courts

Congressional Constitutional Powers

17

• to declare war• to raise and maintain an army and navy• “To provide for calling forth the Militia to

execute the Laws of the Union, suppress Insurrections and repel Invasions‘”

• “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

Congressional Constitutional Powers

18

• Senate was given advise and consent power – Responsible for ratifying treaties – Approves the President's nominees for such

high-level federal positions as cabinet officers and ambassadors

Congressional Constitutional Roles and Duties

19

• The House was given the authority to originate all revenue bills and tradition has extended this power of origination to spending bills as well– Sets the framework for the

important questions of collecting taxes and raising money for the U.S. Treasury and then distributing it through legislative appropriations

Congressional Constitutional Roles and Duties

20

• Passed in 1973• Can only deploy troops

under:– declaration of war– statuary authorization– national emergency

• Report to Congress within 48 hours– Report status

periodically to Congress

War Powers Resolution Act

21

• Limit of 60 days without declaration of war (with a 30 day extension for troop withdrawal)– Keeps United States from getting into war without

clear resolution– Reassert the war powers under Article I of

Constitution

War Powers Resolution Act

22

Summary

• Civilian Control of the Military • Constitutional Powers of the President and

the Executive Branch • Congressional Powers and Responsibilities

QUESTIONS?

Role of the President, the Executive Branch, Congress,

and Civilian Control of the Military 24