1 The Roles of the Executive Branch and 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 The key to Democracies  Supreme power vested in the people  Create a government to protect human rights  Government does not give people their rights– it is instituted to protect rights which already exist!

5 Traits  Two principles define any democracy: Equality and FreedomEquality and Freedom  Basic Traits: Acceptance for minoritiesAcceptance for minorities Freedom of expression/of the pressFreedom of expression/of the press Respect for the dignity of the individualRespect for the dignity of the individual  Legitimized freedoms and liberties by the Constitution

6 How do Democracies and Militaries Interact?  We must look to the people for war’s logic  Articulation of purpose  Definition of war  Limits of war

7 “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

8 Accountability Military officers have to be responsible for using the tool (military) in the way the government/people wish.

9 Society must trust us!  Officers are commissioned to wield violence on society’s behalf--never on their own behalf! subordinate naturesubordinate nature inherent in constitutioninherent in constitution balancing liberty and securitybalancing liberty and security

10  Foreign Policy Powers Chief Executive Chief Negotiator and Diplomat Authority to Appoint & Remove Officials Constitutional Powers (President and the executive branch)

11 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?

12 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

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

14  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

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

16 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)

17 Congressional Constitutional Powers  to assess and collect taxes  to regulate commerce (interstate and foreign)  to coin money  to establish post offices and post roads  to establish inferior courts

18  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

19 Congressional Constitutional Roles And Duties Roles And Duties  Senate was given advise and consent power Responsible for ratifying treatiesResponsible for ratifying treaties Approves the President's nominees for such high-level federal positions as cabinet officers and ambassadorsApproves the President's nominees for such high-level federal positions as cabinet officers and ambassadors

20  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 appropriationsSets 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 Roles And Duties

21  Passed in 1973  Can only deploy troops under: declaration of war statuary authorization statuary authorization national emergency national emergency  Report to Congress within 48 hours Report status periodically to Congress War Powers Resolution Act

22  Limit of 60 days without declaration of war (with a 30 day extension for troop withdrawal) Keeps US from getting into war without clear resolutionKeeps US from getting into war without clear resolution Reassert the war powers under Article I of ConstitutionReassert the war powers under Article I of Constitution War Powers Resolution Act

23 Summary  Civilian control of the military  Constitutional Powers of the President and the executive branch  Congressional powers and responsibilities

QUESTIONS?

25 The Roles of the Executive Branch and Congress, and Civilian Control of the Military