Showing posts with label civilian control of the military. Show all posts
Showing posts with label civilian control of the military. Show all posts

Wednesday, August 20, 2014

Next time you bitch about Militarised police

Personally, I would prefer a government body that was firmly under civilian control, accountable, and transparent to this idiot:

You people may have missed that I lived in Belgium for about two years, where they had the Rijkwacht/Gendarmerie.

Pic from A closer look at Rand Paul’s militia friends | Barefoot and Progressive

BTW, a close read of the US Constitution:
  • Preamble
  • Article I, Section 8, Clause 15 (and 16 for good measure)
  • Article III, Section iii
  • Article IV, Section 4
  • and Presser v. Illinois, 116 U.S. 252 (1886)
Show this person and people like him are ignorant fucks.  No way are you the "well-regulated militia" of the Second Amendment.

Wednesday, August 6, 2014

Patrick Henry's "That every man be armed."

This is the entire text of Patrick Henry's speech in context, but I will put US Constitution Article I, Section 8, Clause 16 as a reminder of what it says:
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
The Citation for Henry's speech is The Debates in the Several State Conventions on the Adoption of the Federal Constitution (3 Elliot's Debates 384-7), Virginia, Saturday, June 14, 1788.
Mr. HENRY. Mr. Chairman, in my judgment the friends of the opposition have to act cautiously. We must make a firm stand before we decide. I was heard to say, a few days ago, that the sword and purse were the two great instruments of government; and I professed great repugnance at parting with the purse, without any control, to the proposed system of government. And now, when we proceed in this formidable compact, and come to the national defence, the sword, I am persuaded we ought to be still more cautious and circumspect; for I feel still more reluctance to surrender this most valuable of rights.

As my worthy friend said, there is a positive partition of power between the two governments. To Congress is given the power of "arming, organizing, and disciplining the militia, and governing such part of them as may be employed in the service of the United States." To the state legislatures is given the power of "appointing the officers, and training the militia according to the discipline prescribed by Congress." I observed before, that, if the power be concurrent as to arming them, it is concurrent in other respects. If the states have the right of arming them, &c., concurrently, Congress has a concurrent power of appointing the officers, and training the militia. If Congress have that power, it is absurd. To admit this mutual concurrence of powers will carry you into endless absurdity— that Congress has nothing exclusive on the one hand, nor the states on the other. The rational explanation is, that Congress shall have exclusive power of arming them, &c., and that the state governments shall have exclusive power of appointing the officers, &c. Let me put it in another light.

May we not discipline and arm them, as well as Congress, if the power be concurrent? so that our militia shall have two sets of arms, double sets of regimentals, &c.; and thus, at a very great cost, we shall be doubly armed. The great object is, that every man be armed. But can the people afford to pay for double sets of arms &c.? Every one who is able may have a gun. But we have learned, by experience, that necessary as it is to have arms, and though our Assembly has, by a succession of laws for many years, endeavored to have the militia completely armed, it is still far from being the case. When this power is given up to Congress without limitation or bounds, how will your militia be armed? You trust to chance; for sure I am that nation which shall trust its liberties in other hands cannot long exist. If gentlemen are serious when they suppose a concurrent power, where can be the impolicy to amend it? Or, in other words, to say that Congress shall not arm or discipline them, till the states shall have refused or neglected to do it? This is my object. I only wish to bring it to what they themselves say is implied. Implication is to be the foundation of our civil liberties, and when you speak of arming the militia by a concurrence of power, you use implication. But implication will not save you, when a strong army of veterans comes upon you. You would be laughed at by the whole world for trusting your safety implicitly to implication.

The argument of my honorable friend was, that rulers might tyrannize. The answer he received was, that they will not. In saying that they would not, he admitted they might. In this great, this essential part of the Constitution, if you are safe, it is not from the Constitution, but from the virtues of the men in government. If gentlemen are willing to trust themselves and posterity to so slender and improbable a chance, they have greater strength of nerves than I have.

The honorable gentleman, in endeavoring to answer the question why the militia were to be called forth to execute the laws, said that the civil power would probably do it. He is driven to say, that the civil power may do it instead of the militia. Sir, the military power ought not to interpose till the civil power refuse. If this be the spirit of your new Constitution, that the laws are to be enforced by military coercion, we may easily divine the happy consequences which will result from it. The civil power is not to be employed at all. If it be, show me it. I read it attentively, and could see nothing to warrant a belief that the civil power can be called for. I shall be glad to see the power that authorizes Congress to do so. The sheriff will be aided by military force. The most wanton excesses may be committed under color of this; for every man in office, in the states, is to take an oath to support it in all its operations. The honorable gentleman said, in answer to the objection that the militia might be marched from New Hampshire to Georgia, that the members of the government would not attempt to excite the indignation of the people. Here, again, we have the general unsatisfactory answer, that they will be virtuous, and that there is no danger.
As you can see, Henry's concern is not for private arms, but the fact that Congress has the power to arm the militia.

Additionally, the issue of the use of military force is mentioned, since the real core issue was civilian control of the military, whether it is a professional standing army or the civilian militia. A militia needed to be under civilian control (i.e., "well regulated") as much, if not more so, than a professional army if there is to be domestic tranquility.

Anyway, when read as a whole, this text proves that this speech deals with the nature of the military force and how it was to be armed as opposed to anything else.

Friday, April 25, 2014

Why Civilian Control of the Military?

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.