Role of the President, the Executive Branch, Congress,
and Civilian Control of the Military 1
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Overview
• Civilian Control of the Military • Constitutional Powers of the President and
the Executive Branch • Congressional Powers and Responsibilities
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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.
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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!
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“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
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• 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?
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Accountability
Military officers have to be responsible for using the tool (military) in the way the
government/people wish.
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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
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Constitutional Powers (President & Executive Branch
• Foreign Policy Powers– Chief Executive– Chief Negotiator and Diplomat– Authority to Appoint & Remove
Officials
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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?
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• 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
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• Historical Precedents – Represent US abroad– Negotiate international
agreements– Recognize other states– Initiate conduct of foreign
policy
Growth of Executive Dominance
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• 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
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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
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• 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
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• Assess and collect taxes• Regulate commerce (interstate and foreign)• Coin money• Establish post offices and post roads• Establish inferior courts
Congressional Constitutional Powers
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• 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
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• 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
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• 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
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• 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
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• 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
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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