Both of these alternatives would have the disadvantage of depriving Congress of responsible military advice needed to discharge its constitutional responsibilities toward the armed forces. Each year the matters of national security are becoming increasingly complicated and technical, yet the members of Congress must legislate wisely with respect to them. To whom can they turn other than to the Chiefs of Staff, who are responsible for our national defense? To deprive them of access to the views of the Chiefs of Staff would inevitably force them to seek irresponsible sources of advice, to the probable detriment of their legislative actions.
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It is hard to suggest a remedy for this situation, which is one no military man enjoys. One alternative would be to refuse to permit military officers to appear before Congress and leave the defense of military matters to the civilian secretaries. This is the solution followed in Great Britain and many European countries. I doubt that it will ever be accepted in the United States, where the COngress wants to hear the facts from military men who presumably are without political motivation. A second alternative would be to take the position that the advice of the Chiefs of Staff to their civilian superiors is privileged and not to be revealed under Congressional interrogation. Thus far the Executive authority has not seen fit to raise the storm such a stand would create.
But the problem of a Chief of Staff in Washington is not that simple. In the military service, an officer is not hailed before an outside authority and therefore required to indicate the advice which he had originally given his commanding general and to explain his reasons therefore. This is the position of the Chief of Staff before a Congressional committee. No sooner has he read his prepared statement supporting the position of the Defense Department than he must face a battery of interrogators bent on bringing forth his original views and contrasting them with the ultimate position of the Secretary of Defense and of the President. Very shortly a Chief of Staff will find himself in the position either of appearing to oppose his civilian superiors or of withholding facts from the Congress. Personally, I have found no way of coping with the situation other than by replying frankly to questions and letting the chips fall where they may.
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Are we at last brought to such an humiliating and debasing degradation, that we cannot be trusted with arms for our defense? Where is the difference between having our arms in possession and under our direction, and having them under the management of Congress? If our defense be the real object of having those arms, in whose hands can they be trusted with more propriety or equal safety to us, as in our own hands?
Are we at last brought to such humiliating and debasing degradation that we cannot be trusted with arms for our defense? Where is the difference between having our arms in possession and under our direction, and having them under the management of Congress? If our defense be the real object of having those arms, in whose hands can they be trusted with more propriety, or equal safety to us, as in our own hands?
I respect the work that this Congress does in carrying out its constitutional responsibilities, including in this inquiry, and I am here to help you to the best of my ability. If the President, or anyone else, impedes or subverts the national security of the United States in order to further domestic political or personal interests, that is more than worthy of your attention. But we must not let domestic politics stop us from defending ourselves against the foreign powers who truly wish us harm. I am ready to answer your questions.'
The exclusive right to declare war, the duty to advise and consent on the part of the Senate, the power of the purse on the part of the House are ample authority for the legislative branch and should be jealously guarded. But because we may have been too careless of these powers in the past does not justify congressional intrusion into, or obstruction of, the proper exercise of Presidential responsibilities now or in the future. There can be only one Commander in Chief. In these times crises cannot be managed and wars cannot be waged by committee, nor can peace be pursued solely by parliamentary debate. To the ears of the world, the President speaks for the Nation. While he is, of course, ultimately accountable to the Congress, the courts, and the people, he and his emissaries must not be handicapped in advance in their relations with foreign governments as has sometimes happened in the past.
The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation. In instances of self-defense, the President would be within his constitutional authority to act before advising Congress or seeking its consent. History has shown us time and again, however, that military action is most successful when it is authorized and supported by the Legislative branch. It is always preferable to have the informed consent of Congress prior to any military action. As for the specific question about bombing suspected nuclear sites, I recently introduced S.J.Res.23, which states in part that “any offensive military action taken by the United States against Iran must be explicitly authorized by Congress.”
For today we Americans share responsibility not only for our own security but for the security of all free nations, not only for our own society but for an entire civilization, not only for our own liberty but for the hopes of all humanity. In pursuit of such responsibilities national security requires more than national strength. It requires, first of all, a nation dedicated to justice and to the improvement of life for its own people. It requires a nation determined to help others eliminate the despair and the human degradation on which the enemies of freedom feed. It requires a nation devoted, through speech and deed, to showing those who may grow weary of will, or fearful of the future, that the cause of human dignity is on the march, its shadow is lengthening, and victory is moving nearer. But our hope for success in the aims of peace rests also on the strength of our arms.
It is important at this point that Congress offer specific constructive approaches to what’s proven to be a foreign policy disaster because we’ve got too much at stake to simply stand on the sidelines and criticize...If we simply cut off funding without any structure for how a redeployment takes place, then you could genuinely have a Constitutional crisis or at least a crisis on the ground where the president continues to send troops there but now they’re being shortchanged in terms of armaments and support...The notion that as a consequence of that [2002 Congressional] authorization, the president can continue down a failed path without any constraints from Congress whatsoever is wrong and is not warranted by our Constitution.
We cannot simply speak out against an escalation of troops in Iraq, we must act to prevent it... There can be no doubt that the Constitution gives Congress the authority to decide whether to fund military action, and Congress can demand a justification from the president for such action before it appropriates the funds to carry it out.
The Commander-in-Chief and the Secretary of Defense must continue to receive the best professional military advice available to the leaders of any government in the world. The importance of a strong line of command running from the Commander-in-Chief to the Secretary of Defense and the Joint Chiefs of Staff to the Unified and Specified Commanders in the field has been repeatedly demonstrated during recent years. The Secretary of Defense will present to you certain recommendations to strengthen the Joint Staff.
On a bipartisan basis, we passed a defense authorization bill that has monumental consequences to the future security of this Nation, the present security of this Nation, and the welfare and ability of the men and women who are serving this Nation and their ability to defend this Nation, and the President--because he wants an increase in domestic spending, has vetoed it. Never have I seen such irresponsibility on the part of a Commander in Chief. There have been Presidents I have disagreed with. There have been Presidents I have had spirited debates with--but never ever in history has there been a President of the United States who abrogated his responsibilities, his constitutional responsibilities, as Commander in Chief. I say shame on him today, and this is a shameful day. The House will vote to override this veto on November 5. I strongly urge my colleagues to reverse this dangerous action and put the interests of our military and national security ahead of politics. Our men and women serving around the world, many still in harm's way, deserve nothing less.
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This concept of "national defense" cannot be deemed an end in itself, justifying any exercise of legislative power designed to promote such a goal. Implicit in the term "national defense" is the notion of defending those values and ideals which set this Nation apart. For almost two centuries, our country has taken singular pride in the democratic ideals enshrined in its Constitution, and the most cherished of those ideals have found expression in the First Amendment. It would indeed be ironic if, in the name of national defense, we would sanction the subversion of one of those liberties — the freedom of association — which make the defense of our nation worthwhile.
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