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Role of the President, the Executive Branch, Congress, and Civilian Control of the Military

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Title: Role of the President, the Executive Branch, Congress, and Civilian Control of the Military


1
Role of the President, the Executive Branch,
Congress, and Civilian Control of the Military
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 Govt does not give people their
    rightsit 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.
6
How do Democracies and Militaries Interact?
  • We must look to the people for wars logic
  • Articulation of purpose
  • Definition of war
  • Limits of war

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
    societys behalfnever 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
Presidential Constitutional Powers
  • 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

12
Growth of Executive Dominance
  • Historical Precedents
  • Represent US abroad
  • Negotiate international agreements
  • Recognize other states
  • Initiate conduct of foreign policy

13
Growth of Executive Dominance
  • Supreme Court Decisions
  • Generally supported Presidents in foreign policy
  • Curtiss-Wright case (1936)
  • Congressional Deference Delegation
  • Delegates foreign policy prerogatives to President

14
Public Press
Congress
Government Account Office Congressional
Budget Office
Executive Departments and Agencies
Senate Committees Armed Services
House Committees Armed Services
Arms Control Agency
DOE
International Relations
Executive Departments
Foreign Relations
Interior
White House Office
Treasury
Domestic Council
Radio/ Television
Budget
Close
Interest Group
Budget
FBI
CIA
President
Rules
NSC OMB
Council of Econ Advisors
Advisors
Energy and National Resources
Science and Technology
State
Justice
Office of Science and Technology Policy
National Security Agency
Commerce
Defense OSD, JCS, Army Navy, Air Force,
DIA
Appropriations
Appropriations
Governmental Affairs
Governmental Operations
Executive Institutions and Policy Influences
Interested Individuals
15
Growth of Executive Dominance
  • 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)

16
Congressional Constitutional Powers
  • Assess and collect taxes
  • Regulate commerce (interstate and foreign)
  • Coin money
  • Establish post offices and post roads
  • Establish inferior courts

17
Congressional Constitutional Powers
  • 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.

18
Congressional Constitutional Roles and Duties
  • 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

19
Congressional Constitutional Roles and Duties
  • 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

20
War Powers Resolution Act
  • 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

21
War Powers Resolution Act
  • 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

22
Summary
  • Civilian Control of the Military
  • Constitutional Powers of the President and the
    Executive Branch
  • Congressional Powers and Responsibilities

23
QUESTIONS?
24
Role of the President, the Executive Branch,
Congress, and Civilian Control of the Military
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