December 1, 2006

The Bargain Between The Civilian Authorities And The Armed Services

Bill Moyers spoke at West Point on Wednesday. The extended excerpt from his speech is well worth reading. Here is a sample.

I want to contend that the American military systems that evolved in the early days of this republic rested on a bargain between the civilian authorities and the armed services, and that the army has, for the most part, kept its part of the bargain and that, at this moment, the civilian authorities whom you loyally obey, are shirking theirs. And before you assume that I am calling for an insurrection against the civilian deciders of your destinies, hear me out, for that is the last thing on my mind.

You have kept your end of the bargain by fighting well when called upon, by refusing to become a praetorian guard for a reigning administration at any time, and for respecting civil control at all times. For the most part, our military leaders have made no serious efforts to meddle in politics. The two most notable cases were General George McClellan, who endorsed a pro-Southern and pro-slavery policy in the first year of the war and was openly contemptuous of Lincoln. But Lincoln fired him in 1862, and when McClellan ran for President two years later, the voting public handed him his hat. Douglas MacArthur’s attempt to dictate his own China policy in 1951 ran head-on into the resolve of Harry Truman, who, surviving a firestorm of hostility, happily watched a MacArthur boomlet for the Republican nomination for the Presidency fizzle out in 1952.

On the other side of the ledger, however, I believe that the bargain has not been kept. The last time Congress declared war was in 1941. Since then presidents of the United States, including the one I served, have gotten Congress, occasionally under demonstrably false pretenses, to suspend Constitutional provisions that required them to get the consent of the people’s representatives in order to conduct a war. They have been handed a blank check to send the armed forces into action at their personal discretion and on dubious Constitutional grounds.

Furthermore, the current President has made extra-Constitutional claims of authority by repeatedly acting as if he were Commander-in-Chief of the entire nation and not merely of the armed forces. Most dangerously to our moral honor and to your own welfare in the event of capture, he has likewise ordered the armed forces to violate clear mandates of the Uniform Code of Military Justice and the Geneva Conventions by claiming a right to interpret them at his pleasure, so as to allow indefinite and secret detentions and torture. These claims contravene a basic principle usually made clear to recruits from their first day in service—that they may not obey an unlawful order. The President is attempting to have them violate that longstanding rule by personal definitions of what the law says and means.

The whole speech is great, supportive of the army, the cadets and the troops and patriotic in the highest meaning of the word.

Via Leiter Reports

Posted by Duane Smith at December 1, 2006 11:03 AM | Read more on Current Events |

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