I found this article while looking up Civilian Control of the Military. It is found here:
www.defense.gov/news/newsarticle.aspx?id=45870
By Jim Garamone
American Forces Press Service
WASHINGTON, May 2, 2001
Civilian
control of the military is so ingrained in America that we hardly give
it a second thought. Most Americans don't realize how special this
relationship is and how it has contributed to the country.
The
framers of the U.S. Constitution worked to ensure the military would be
under civilian control. They did not want to emulate the European
experience. The colonies had just fought a war for freedom from Britain.
The king controlled the British military, and the framers had no
interest in duplicating that system.
When they wrote the
Constitution they separated the responsibilities for the military,
placing the responsibilities firmly in civilian hands.
Article I,
Section 8 of the Constitution states that Congress shall have the power
"to raise and support Armies …" and "to provide and maintain a Navy."
In addition, Congress must provide for the state militias when they are
called to federal service.
Article II, Section 2 states, "The
President shall be the Commander in Chief of the Army and Navy of the
United States, and of the Militia of the several States when called into
the actual Service of the United States."
Congress has the power to declare war and to make the rules for governing the military.
So
the framers spread responsibilities for the military around. The
president and Congress had to work together to use the military.
<snip>
With
the growth of political parties, an officer's political allegiance
became important. President John Adams appointed Federalist officers to
the military. As Jefferson's private secretary, Army Capt. Meriwether
Lewis vetted the "Republican" (later Democratic) credentials of his
fellow Army officers.
This reinforced the belief in the U.S.
military that officers should not participate in politics. They should
follow the orders of the president and the wishes of the Congress no
matter who was in power.
<snip>
Military
members swear "to support and defend the Constitution of the United
States." One of the more successful aspects of that document is civilian
control of the military.
"Today, service members of all ranks are encouraged to vote. The military vote in Florida in this past election was crucial. Once they vote, however, soldiers, sailors, airmen, Marines and Coast Guardsmen are expected to forget their party affiliations and follow the orders of the civilian leaders regardless of the party."
ReplyDeleteProvided of course, the orders are legal and don't violate the Constitution. Soldiers in the US military are told up front that the "I was just following orders" defense wont work in this country's military.
This, as far as it goes, is correct. But as Sarge points out, if the president issues an order that violates the Constitution--say, carpet bombing Americans, for example--then it's another matter entirely.
ReplyDeleteThis is why Bush/Cheney/Rumsfeld are considered war criminals in many countries around the world. They lied about their "mushroom cloud" reasons for invading Iraq, thus violating the constitution and responsible for the deaths of thousands of American soldiers and 100's of thousands of innocent civilians. Yet Obama refused to even look into prosecutions of the Bush administration.
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