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AS4100Lessons 6, 7 & 2

The Constitution

Civilian Control of the Military

AF Complaint/FWA Programs

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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”

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- 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

The U.S.ConstitutionWhy Do You Care???

Strategic Situation – United States 1783-1787

Indians Supported by British Block Western Expansion

British Refuse to Evacuate Forts

Debtor Rebellion Western Massachusetts

Spanish Deny Use of Mississippi River

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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

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Constitutional Principles and Provisions

Federalism Enumerated Powers Separation of Powers/Checks and

Balances

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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

Congress (Article I)• All Legislative Powers• Allowed to Maintain Secret Journal

Congress (Article I, Section 8)• Lay and Collect Taxes to “pay debts” and

“provide for the common defense”• Regulate Commerce with Foreign Nations• Punish Piracies• 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

President (Article II)• All Executive Powers• Oath to Defend the

Constitution• Faithfully Execute the Laws

President (Article II, Section 2)• Commander in Chief• Propose Treaties with “advice and

consent” of 2/3 Senate

• Nominate Ambassadors • Receive Ambassador• Appoint Inferior Officers

Article IV, Section 4• Protection Against Invasion

Guarantee • Protection Against Insurrection

Amendments • Amendment II - Well Regulated Militia • Amendment III- Unlawful Quartering• Amendment V - Grand Jury Exception

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 UnitedStates of America.

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Break& EXERCISE

You 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

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Civilian Control of the Military

Constitutional Powers of the President and the executive branch

Congressional powers and responsibilities

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The Key to 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!

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Accountability

Military officers have to be responsible for using the tool (military) in the way

the government/people wish.

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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

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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

Constitutional Powers (President and

the Executive Branch)

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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?

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

Growth of Executive Dominance

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Supreme Court Decisions• Generally supported Presidents in foreign policy

Congressional Deference & Delegation• Delegates foreign policy prerogatives to President

Growth of Executive Dominance

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Public Press

Radio/Television Interest

Group

Interested Individuals

Congress

Government Account Office Congressional Budget Office

Senate CommitteesArmed Services House Committees

Armed Services

Foreign RelationsInternational Relations

Budget Budget

Rules

Energy and National Resources

Science andTechnology

Appropriations Appropriations

Governmental Affairs

Governmental Operations

DefenseOSD, JCS, ArmyNavy, Air Force, DIA

National Security Agency

Commerce

Justice

FBI

State

CIA

TreasuryInterior

Executive Departments and Agencies

Arms Control Agency

DOE

Advisors

President

Close

Office of Science and Technology Policy

Executive Departments

WhiteHouse Office

DomesticCouncil

NSC

OMB

Councilof EconAdvisors

Executive Institutions andPolicy Influences

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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)

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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.''

Congressional

Constitutional Powers

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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

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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

Congressional Constitutional Roles And Duties

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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

War Powers Resolution Act

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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

War Powers Resolution Act

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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???

The Iraq Resolution or the Iraq War Resolution (formally the Authorization for Use of Military Force Against Iraq Resolution of 2002 [1], 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 theUnited States Congress in October 2002 as Public Law No: 107-243, authorizing the Iraq War.

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

The primary focus of the Fraud, Waste, and Abuse (FWA) Program is on Preventing the loss of Air Force resources.

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

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 changes is 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.

AF Complaint/FWA Programs

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“Air ForceTopic of Your

Choice”

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Next Class Prepare for Lessons:

3, 8, 9, 10, 12, 13• “Skim” the Security CBT for Lesson 3.

Lt Col Doherty will summarize in 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

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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”

QUESTIONS?