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Role of the President, the Executive Branch, Congress, and Civilian Control of the Military. Overview. Civilian Control of the Military Constitutional Powers of the President and the Executive Branch Congressional Powers and Responsibilities. Democracy. Government by the people:

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Presentation Transcript
overview
Overview
  • Civilian Control of the Military
  • Constitutional Powers of the President and the Executive Branch
  • Congressional Powers and Responsibilities
democracy
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.
traits of democracies
Traits of Democracies
  • 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!
slide5

“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

how do democracies and militaries interact
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
accountability
Accountability
  • Military officers have to be responsible for using the tool (military) in the way the government/people wish.
society must trust us
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
constitutional powers president executive branch
Constitutional Powers (President & Executive Branch)
  • Foreign Policy Powers
    • Chief Executive
    • Chief Negotiator and Diplomat
    • Authority to Appoint & Remove Officials
foreign policy powers
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?
presidential constitutional powers
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
growth of executive dominance
Growth of Executive Dominance
  • Historical Precedents
    • Represent US abroad
    • Negotiate international agreements
    • Recognize other states
    • Initiate conduct of foreign policy
growth of executive dominance1
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
growth of executive dominance2
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)
slide15

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

White

House

Office

Interior

Domestic

Council

Treasury

Radio/

Television

Close

Budget

Interest

Group

Budget

CIA

President

FBI

NSC

OMB

Rules

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

Interested Individuals

congressional constitutional powers
Congressional (Constitutional Powers)
  • Assess and collect taxes
  • Regulate commerce (interstate and foreign)
  • Coin money
  • Establish post offices and post roads
  • Establish inferior courts
congressional constitutional powers1
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.”
congressional constitutional roles and duties
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
congressional constitutional roles and duties1
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
war powers resolution act
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
war powers resolution act1
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
summary
Summary
  • Civilian Control of the Military
  • Constitutional Powers of the President and the Executive Branch
  • Congressional Powers and Responsibilities
homework
Homework
  • Prepare for Lesson 6
    • Terrorism