Leadership and Ethics Constitutional Ethics Lesson # 3 Constitutional Paradigm? Exercise of military force are found in four sources; what are they? Constitution Paradigm: Should our right rest upon the continence of our rulers being good or bad? Placing so much power in the hands of a small minority was seen as inviting tyranny. The constraints to the exercise of military force are found in four sources: The President, the Congress, the courts, and what the Constitution calls the Supreme Law of the Land. Presidential Constraints:

Leadership and Ethics Constitutional Ethics 1. Presidential Constraints: What does this mean? Give me and example in our history when this happened. Presidential Constraints: Commander and Chief, that means no military commander has the right to employ his or her forces in ways that contravene the expressed desires of the President. General Douglas MacArthur and President Truman - The aggression policy of US forces in Korea. The general want to push on and Truman was trying to negoiate for peace.

Leadership and Ethics Constitutional Ethics 2. Congressional Constraints Power of the Purse Power to make regulations The constitution grants the Congress a number of important powers. Power to purse:The Congress approves the purposes for which funds are to be made available and the amount to be allocated. Power to make regulate: Uniform Code of Military Justice (UCMJ) and administrative regulations such as pay, retirement, and health car issues. Cover when Lt. Colonel Oliver North did not comply with Boland pertaining to the Contra affair, the course was set for confrontation between the legislative and executive branches of government. The War Powers Act, which places time limits on the use of force without confessional approval is another example of regulation which affects the freedom of the military to resort to force.

Leadership and Ethics Constitutional Ethics 3. Judicial Constraints What does this mean? Give an example. US Marine Corps could not limit dependant from living in Okinawa, Japan at their own expense.

Leadership and Ethics Constitutional Ethics 4. The Supreme Law of the Land Constitution Conventional International law Customary international law Thus, to oppose either the right of the congress to legislate the military, a clear provision of the Constitution, or to ignore or oppose the content of such congressional legislation, would be to oppose the supreme law of the land International Law is that the provisions of any formal agreements or treaties between the United States and some other country, when ratified, are binding upon the military. (Geneva Convention 1949) Customary international law; pertains to situations that fall short of treaty status but where there is m nevertheless, consensus about the issue at hand and the President has formally elevated the issue to the level of customary international law by issuing a presidential proclamation or executive order to that effect. (Law at sea)

Leadership and Ethics Constitutional Ethics How do you apply the Constitutional Paradigm? First Principle What are the loyalties with chain of command and do you agree with it? 1st Principle: Constitution Mission Service Ship or Command Self

Leadership and Ethics Constitutional Ethics How do you apply the Constitutional Paradigm? Second Principle What conflicts and why? One must resolve conflicting loyalties when they exist - then act. The military person is obligate to follow the loyalty hierarchy, but there will be times when there are conflicts. The conflict may be between following a Constitutional loyalty and personal loyalty, for example,a legal order to kill might conflict with a belief that killing is immoral. The conflict might also be about wanting to place a lower loyalty above a higher loyalty, for example, falsifying records to make our department look good at an inspection. When it is apparent that a conflict exists, it must be resolved. Resolving implies taking some action. It does not mean merely coming to terms with the conflict in our own mind.

Leadership and Ethics Constitutional Ethics How do you apply the Constitutional Paradigm? Third Principle What does this imply and what action(s) need to be taken? If an individual cannot follow the first two principles the they should give serious thought to finding another line of work. When officers accept a commission in the Armed Forces they also take an oath to the Constitution. If the oath is not being followed then the commission is, in a sense being held under false pretenses.

Leadership and Ethics Constitutional Ethics How do you apply the Constitutional Paradigm? Fourth Principle Under what circumstances would one consider this principle and what are the steps? In very rare circumstances one could conceivably encounter a situation I which an obligation, while legal, is so offensive that one chooses to withhold the loyalty required by the first principle. If all efforts at resolving the loyalty aspects of the issue - applying principle two - also fail, principle three would supports resignation as the remaining option. Example: During the “Don’t ask, Don’t tell” policy a Marine Corps major resigned his commission because he did not feel he could accept this new policy in regards to his bible up-bringing.

Leadership and Ethics Constitutional Ethics How do you apply the Constitutional Paradigm? Fourth Principle What are the four Prerequisites? Explain each one of the prerequisites with an example. One: The issue must be in response to a fundamental violation of justice. Two: Where possible, an attempt should be made to have the law or order changed by legal means before choosing the path of disobedience. Three: All the examples of disobedience were or would be done in public, with full awareness that the persons in authority knew or would know in advance that the order or law was going to be violated by a specific individual at a specified time and place. Four: That the person choosing to violate the law or ordered having first ensured that the authorities would know of the violation were willing to accept the full legal consequences of the act.

Leadership and Ethics Constitutional Ethics Are Military Professionals Bound by a Higher Moral Standard? J. Carl Ficarrotta Many people - inside and outside the military - believe that morality has special relevance to the profession of arms. Constitution Paradigm: Should our right rest upon the continence of our rulers being good or bad? Placing so much power in the hands of a small minority was seen as inviting tyranny. Presidential Constraints: Commander and Chief, that means no military commander has the right to employ his or her forces in ways that contravene the expressed desires of the President.

Leadership and Ethics Constitutional Ethics In the United State, the military is charged with the responsibility of protecting the Constitution, and this might entail that military personnel should be held to higher moral standards than civilians.

Leadership and Ethics Constitutional Ethics Perhaps, society at large looks to the military to provide - moral role models - individuals who exemplify the very best of human dispositions

Leadership and Ethics Constitutional Ethics Warriors face situations that are morally unique, and particular virtues like: Honesty, resoluteness, courage & selflessness Are these necessary to be a good warrior?

Leadership and Ethics Constitutional Ethics Do military personnel have an acute conflict between their conscience and superior orders? Can you disobey a legal order from your superior? Are there appropriate and inappropriate procedures for disobedience within the military context?

Leadership and Ethics Constitutional Ethics Do members of the military have unique or particularly strict moral obligations that other members of society do not? If so, what are they?

Leadership and Ethics Constitutional Ethics To what degree can an officer diverge from moral standards in her or his personal life without compromising her or his military integrity? Not at all? Somewhat? Quite a bit? Can a person who cheats on his or her taxes still bean excellent officer? Can an drug abuser be a good officer? Can a sex offender be a good officer? Does your culture background play a part in your duties and obligations? If you have significant personal problem, can this be a valid reason for diverging from your moral and ethic responsibilities?

Leadership and Ethics Constitutional Ethics Reading assignment: Ethics for Military Leaders Topic 3: Utilitarianism Reading 1: from An Introduction to the Principles of Moral and Legislation (1789 by Jentham Reading 2: from Utilitarisanism (1861) by John Stuart Mill Reading 3: An Overview of Utilitarianism by Ronald Munson Reading 4: The One Who Walk Away from Omelas by Ursula Le Guin