The Role of the President and the Executive Branch

1
The Role of the President andthe Executive Branch
2
Overview

• Constitutional Powers in Foreign Policy
• Growth of Executive Dominance
• Influence of the President on Defense policy

3
Constitutional Powers (President)

• Foreign Policy Powers
• Chief Executive
• Chief Negotiator and Diplomat
• Authority to Appoint Remove Officials

4
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?

5
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

6
Presidential Political Powers

• (Not subjected to Congressional checks
  balances)
• Only nationally elected official
• Entire federal bureaucracy works for President
• Mantle of office
• Unparalleled access to media
• Presidential power in national security arena

7
Congress Foreign Policy Constitutional Powers

• Power to make and modify any laws
• Appropriate funds for implementing laws
• Authorized to provide for the natl defense
• Declare war
• To raise and support armies
• Regulate international commerce
• Make all laws which shall be necessary and proper
  for carrying out its other responsibilities
• Elastic Clause

8
Growth of Executive Dominance

• Historical Precedents
• Represent US abroad
• Negotiate international agreements
• Recognize other states
• Initiate conduct of foreign policy

9
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

10
Executive Institutions and Policy
Influences
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
Interior
White House Office
Treasury
Domestic Council
Radio/ Television
Budget
Close
Interest Group
Budget
FBI
CIA
President
Rules
NSC OMB
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
11
Growth of Executive Dominance

• Growth of Executive Institutions
• Foreign policy machinery of President grew
  considerably since WWII
• National Security Act of 1947
• Created NSC, CIA, and DoD
• Gave President an intelligence advisor (CIA) and
  military advisor (JCS), and national security
  advisor (Sec of Def)

12
Defense Policy

• TRUMAN (Containment)
• EISENHOWER (Massive Retaliation)
• KENNEDY (Flexible Response)
• JOHNSON (Mutual Assured Destruction)
• NIXON (Sufficient Deterrence)
• FORD
• CARTER (Minimum Deterrence)
• REAGAN (Peace Through Strength)
• BUSH (Peace Through Disarmament)
• CLINTON (Engagement)
• BUSH, G.W. (Pre-emptive Strike)

13
Summary

• Constitutional Powers in Foreign Policy
• Growth of Executive Dominance
• Influence of the President on Defense policy

14
Role of Congress
15
Overview

• Constitutional Powers, Roles/Duties of the U.S.
  Congress
• War Powers Resolution Act
• Congressional oversight

16
Constitutional Powers

• Powers to assess and collect taxes--called the
  chief power
• to regulate commerce, both interstate and foreign
• to coin money
• to establish post offices and post roads
• to establish courts inferior to the Supreme Court

17
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.''

18
Constitutional Roles And Duties

• Senate was given advise and consent power by the
  U.S. Constitution
• Responsible for ratifying treaties negotiated by
  the President with foreign countries
• Approves the President's nominees for such
  high-level federal positions as cabinet officers,
  ambassadors, and federal judges

19
Constitutional Roles And Duties

• In constitutional theory, running so frequently
  for re-election is believed to allow
  Representatives to come to know their
  constituencies well
• This enables House Members to accurately reflect
  the views of the local citizenry and better
  advocate the needs of each district
• Members of the House are also likely to be more
  sensitive to changes in popular sentiment

20
Constitutional Roles And Duties

• The House was given the authority to originate
  all revenue bills and over the years, 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

21
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 of deployment
• Report status periodically to Congress

22
War Powers Resolution Act

• Limit of 60 days without declaration of war (with
  a 30 day extension for troop withdrawal)
• Keep President from getting US troops into war
  without clear resolution
• Reassert the war powers of Congress under Article
  I of Constitution

23
Presidential Compliance to WPRA

• Never officially recognized
• Ford
• Reagan
• Bush
• Consequences for Forcing Compliance
• If found unconstitutional, Congress powerless to
  limit presidential initiatives/adventurism
• If upheld in court, presidents would have to
  fully comply with WPRA

24
Other Congressional Oversight

• Periodic Reports
• Executive branch reports to Congress every 12, 6,
  or 3 months
• Notification (most frequent)
• i.e. Arms sales, foreign assistance
• One-Time Report (least frequent)
• Committees
• i.e. House Foreign Relations Committee
• The ULTIMATE OVERSIGHT

25
Summary

• Constitutional Powers, Roles/Duties of the U.S.
  Congress
• War Powers Resolution Act
• Congressional oversight

26
Civilian Control of the Military
27
How do we achieve the delicate balance between
liberty and security?
28
Overview

• Democracy
• What is it?
• Military
• Civil-Military relationships
• Three Contexts
• European, Colonial African, American
• Conclusions

29
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.

30
The key to Democracies

• Supreme power vested in the people
• People create government to protect existing
  human rights
• Government does not give people their
  rights--government is instituted to protect
  rights which already exist!

31
Traits

• Acceptance for minorities
• Freedom of expression/of the press
• Respect for the dignity of the individual

32
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
33
War is a continuation of political activity by
other means
Carl von Clausewitz, 1831
34
Wars Dual Nature

• Autonomous activity in/of itself
• Its what we do!
• has its own set of principles--grammar
• Subordinate political instrument
• Does not have its own logic/purpose
• We have to be told the right place and time
• Most importantly the right reason

35
War as a Tool

• Like a car
• complex systems that must work together
• the cars grammar
• no logic, purpose by itself

36
War

• It has no meaning in itself
• At one level war can be an autonomous collection
  of complex parts (battles, campaigns, operations)
• But, the meaning is derived from some external
  logic or purpose

37
War has its own GRAMMAR--BUT NOT ITS OWN LOGIC
Carl von Clausewitz
38
How do Democracies and Militaries Interact?

• We must look to the people for wars logic
• Articulation of purpose
• Definition of war
• Limits of war

39
Accountability

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

40
Society must trust us!

• Military professionals are commissioned to wield
  violence on societys behalf--never on their own
  behalf!
• subordinate nature
• inherent in constitution
• balancing liberty and security

41
Examples

• European
• Colonial African
• American

42
Western European Example

• 19th century Napoleonic law articulated a theory
  for controlling a states coercive powers.
• La Force Publique

43
La Force Publique
Collection of individual forces organized by the
constitution to maintain rights of all and assure
execution of the general will.
44
Important Distinctions

• Separated interior and exterior security
• interior functions were for the police
• exterior functions were the Armys
  responsibilities
• established two distinct lines of authority

45
La Force Publique

• The democratic state represented the basis for
  and regulator of the states coercive instruments

46
Colonial African Nonexample

• The colonial state in Africa was artificial
• Lacked shared values and general will
• Distinction between interior and exterior
  security functions was erased--the interior had
  to be conquered

47
Colonial African Nonexample

• Colonial armed forces for police
• Undermined legitimacy which lead to a lack of
  accountability

48
American Example

• 1787 Constitutional Convention reluctance to
  having a standing army
• Military protection from external threats
• How to provide for defense without endangering
  liberty

49
How to Control Armed Forces

• Constitution
• Bicameral legislature
• Responsibility to the states

50
Oath

• Remember our allegiance is to the Constitution
  not a political party or individual.

51
So......internal security functions, those
conducted by the military, should be avoided?
Have they happened?
52
Internal Security Functions

• 1794 Whiskey Rebellion
• 19th Century in matters dealing with slavery
• 1957, integration of public schools

53
American Internal Intervention

• The President determines when to use federal
  troops
• Use of force is to restore order
• Military is not the final answer
• Generally restored order with a minimum of
  bloodshed

54
Intervention Effectiveness

• Decision is always a civilian one
• Meant to protect property and life
• Never a substitute military for civilian law

55
Conclusions

• Same basic value system
• Subordinate nature of military
• Accountability
• Trust of society
• Solicit and maintain that trust
• Separate interior and exterior functions

56
Summary

• Democracy
• Government by the people with supreme power
  vested in them
• Military
• Dual nature
• Examples
• European--La Force Publique
• Colonial African-- Internal/External
  Accountability
• American--Oath to Constitution

57
Summary

• Conclusions
• Value system
• Subordinate nature
• Trust

58
All force is dangerous and a menace if it is not
answerable a will is required to govern the
force publique and this will must be separated
from it when the force can act independently it
becomes everything...the army must be
accountable action and accountability are what
characterize the solidly grounded force
publique.
1791 French Penal Code
Your responsibility!