Lessons 2,6,7 Constitution, Fwa, Civ Control Of Mil Doherty 1 Sep 09Presentation Transcript
AS4100Lessons 6, 7 & 2 The Constitution Civilian Control of the Military AF Complaint/FWA Programs 1
Overview 3 “up” / 3 “down” & Admin Time The Constitution BREAK – GROUP EXERCISE PREP Execute GROUP EXERCISE Civilian Control of the Military AF Complaint/FWA Programs “Air Force Topic of Your Choice” 2
3 The U.S.ConstitutionWhy Do You Care??? - U.S. is First an Longest Lasting Constitutional Republic- We are citizens- We are Airmen who take and Oath, swearing to “support and defend the Constitution of the United States
Debtor Rebellion Western Massachusetts British Refuse to Evacuate Forts Indians Supported by British Block Western Expansion Spanish Deny Use of Mississippi River Strategic Situation – United States 1783-1787
5 Origins of the Constitution Philosophical Ideas John Locke Declaration of Independence Articles of Confederation Shay’s Rebellion The Great Compromise The Federalists Papers Ratification debate
6 Constitutional Principles and Provisions Federalism Enumerated Powers Separation of Powers/Checks and Balances
7 Elements of the Constitution and its Amendments Preamble Articles (I through VI groups of 2, I’ll take 7) First 10 Amendments to the Constitution = “The Bill of Rights” Other Amendments (Favorites?)
THE CONSTITUTIONAL FRAMEWORK FOR NATIONAL SECURITY We, the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessing of the Liberty to ourselves and our Posterity, do ordain and establish this Constitution of the United States of America. President (Article II)
All Executive Powers
Oath to Defend the Constitution
Faithfully Execute the Laws
Congress (Article I)
All Legislative Powers
Allowed to Maintain Secret Journal
President (Article II, Section 2)
Commander in Chief
Propose Treaties with “advice and consent” of 2/3 Senate
Appoint Inferior Officers
Congress (Article I, Section 8)
Lay and Collect Taxes to “pay debts” and “provide for the common defense”
Regulate Commerce with Foreign Nations
Declare War and Grant Letter of Marque
To Raise and Support Armies (2YR Limit)
To Provide and Maintain a Navy
To Make Rules for Land and Naval Forces
Arm and Discipline Militia
Erection of Forts and Magazines
Make all Laws Necessary and Proper
Article IV, Section 4
Protection Against Invasion Guarantee
Protection Against Insurrection
Amendment II - Well Regulated Militia
Amendment III- Unlawful Quartering
Amendment V - Grand Jury Exception
9 Break& EXERCISEYou will formally introduce your classmates as if you were presenting them as DVs ready to give a speech to your Wing. Everyone does at least one introduction
10 Civilian Control of the Military Constitutional Powers of the President and the executive branch Congressional powers and responsibilities
11 The Keyto Democracies Supreme power vested in the people Create a government to protect human rights Government does not give people their rights– it is instituted to protect rights which already exist!
12 Accountability Military officers have to be responsible for using the tool (military) in the way the government/people wish.
13 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
14 Constitutional Powers (President and the Executive Branch) Foreign Policy Powers Chief Executive Chief Negotiator & Diplomat Executive Agreements Formal Obligations between US and foreign governments Do Not require Senate approval Example: Status of Forces Agreement (SOFA) Authority to Appoint & Remove Officials
15 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?
16 Growth of Executive Dominance Historical Precedents Represent US abroad Negotiate international agreements Recognize other states Initiate conduct of foreign policy
17 Growth of Executive Dominance Supreme Court Decisions Generally supported Presidents in foreign policy Congressional Deference & Delegation Delegates foreign policy prerogatives to President
18 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 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 Executive Institutions and Policy Influences Interested Individuals
19 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 (and what else?) Gave President an intelligence advisor (CIA) and military advisor (CJCS), and national defense advisor (Sec of Def)
20 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.''
21 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
22 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
23 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
24 War Powers Resolution Act Limit of 60 days without declaration of war (with a 30 day extension for troop withdrawal) Keeps US from getting into war without clear resolution Reassert the war powers under Article I of Constitution
Did the U.S. Ever Declare War against Iraq this decade?Did the President Declare War?Did Congress Declare War? As Airmen, what do we have to hang our hats on if another unpopular war breaks out??? 25 The Iraq Resolution or the Iraq War Resolution (formally the Authorization for Use of Military Force Against Iraq Resolution of 2002 , Pub.L. 107-243, 116 Stat. 1498, enacted October 16, 2002, H.J.Res. 114) is a joint resolution (i.e., a law) passed by the United States Congress in October 2002 as Public Law No: 107-243, authorizing the Iraq War.
AF Complaint/FWA Programs PURPOSE: Air Force Complaint Programs: can help commanders discover and correct problems affecting the productivity and morale of assigned personnel- Measure confidence in AF leadership - Issues are objectively and fully resolved without fear of reprisal - Ensure that problems affecting the Air Force mission are resolved promptly and fairly - Provide feedback critical to success of each individual - Help ensure resources are used effectively and efficiently - Ensure management reveals and corrects false perceptions about goals, plans, and projects Why is it importance to initially use the Chain of Command to resolve complaints?
AF Complaint/FWA Programs Fraud - any intentional deception designed to unlawfully deprive the Air Force of something of value or to secure from the Air Force for an individual a benefit, privilege, allowance, or consideration to which he or she is not entitled Waste- the extravagant, careless, or needless expenditure of Air Force funds or the consumption of Air Force property that results from deficient practices, systems controls, or decisions Abuse - Intentional, wrongful or improper use of Air Force resources through the misuse of rank, position, or authority The primary focus of the Fraud, Waste, and Abuse (FWA) Program is on Preventing the loss of Air Force resources. What then would be an individual’s (YOUR) responsibility concerning the Fraud, Waste, and Abuse (FWA) Program?
AF Complaint/FWA Programs You should always notify your supervisor or file a complaint if you reasonably believe inappropriate conduct has occurred or a violation of law, policy, procedure, or regulation has been committed. But, there are other means to improve our Air Force. One doesn’t have to make a formal complaint to change a practice or process. One avenue to make changesis through the Air Force Innovative Development through Employee Awareness (IDEA) Program. The IDEA program encourages creative thinking and makes innovative ideas available to benefit the Air Force. The program allows for submission, evaluation, and cash or non-cash recognition for approved ideas and also provides for timely responses to individuals, groups, or teams on the disposition of ideas. These Ideas saved the Air Force more than 42 million dollars between October 2001 and March 2002. During that period, the Air Force paid more than a million dollars in rewards.
“Air ForceTopic of Your Choice” 29
Next Class Prepare for Lessons: 3, 8, 9, 10, 12, 13 “Skim” the Security CBT for Lesson 3. Lt Col Doherty will summarizein class 8, 9, 10 – We split up now 12 & 13 We split up now as well Each Cadet responsible for 2 lessons and will lead discussions along with Lt Col Doherty Blackboard Course Postings I will post slides AFTER class 30
Summary 3 “up” / 3 “down” & Admin Time The Constitution BREAK – GROUP EXERCISE PREP Execute GROUP EXERCISE Civilian Control of the Military AF Complaint/FWA Programs “Air Force Topic of Your Choice” 31