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By: FEDweek StaffFormer defense secretaries and senior generals that served under both Democratic and Republican administrations felt moved to issue an open letter earlier this month (published at War on the Rocks) to reinforce principals of civil-military relations, citing “extreme strain in recent years.” Signing the letter were eight who served as Secretary of Defense, representing both political parties. Five former chairmen of the Joint Chiefs of Staff also are represented.
The letter cited adjustments following wars in Afghanistan and Iraq, the Covid-19 pandemic, and the rejection of the outcome of the last political election by a large segment of the national populace – all factoring into an atmosphere of extreme uncertainty – necessitating ” a review the core principles and best practices by which civilian and military professionals have conducted healthy American civil-military relations in the past — and can continue to do so.”
“There are significant limits on the public role of military personnel in partisan politics, as outlined in longstanding Defense Department policy and regulations. Members of the military accept limits on the public expression of their private views — limits that would be unconstitutional if imposed on other citizens. Military and civilian leaders must be diligent about keeping the military separate from partisan political activity,” the letter says.
The former defense secretaries who signed the letter are: Ashton B. Carter; William S. Cohen; Mark T. Esper; Robert M. Gates; Charles T. Hagel; James N. Mattis; Leon E. Panetta; and William J. Perry. The former JCS chairmen, all retired, are: Army Gen. Martin E Dempsey; Marine Corps Gens. Joseph F. Dunford Jr., Richard B. Myers, and Peter Pace; and Adm. Michael G. Mullen.
Their key points:
• Civilian control of the military is the “bedrock foundation of American democracy.”
• Military officers take an oath to defend the Constitution, rather than any one individual.
• Civilian control, ultimately, is “wielded by the will of the American people as expressed through elections.”
• A civilian – the secretary of Defense – sits atop the chain of command, and provides advice and consent to the president. While the chairman of the Joint Chiefs of Staff is outside of that chain of command, “best practice has the chairman in the chain of communication for orders and policy development.”
• The legislative branch – Congress – has its own areas of control, as articulated in the Constitution. This includes confirming senior officers’ and civilian officials’ appointments, appropriation of funds, declaring war, raising armies and maintaining the Navy, and other oversight roles.
• The judicial branch serves to “review … policies, orders and actions involving the military,” to include determining if any action is illegal or unconstitutional.
• Effective civilian-military relations are essential in ensuring that any presidential order service members receive from the president is legal.
• The armed services should assist civilian governmental leadership in “development of wise and ethical directives but must implement them provided that the directives are legal.” (Italics included in original document).
• The civilian-military system should be able to respond lethally and coercively when necessary, while ensuring that such power “is not misused.”
• Elected and appointed civilian leaders “have the right to be wrong” when policies later prove to be mistakes.
• Military leaders must carry out legal orders even when they doubt their wisdom, but should retain their ability to express such doubts in the appropriate forum.
• Military leaders who seek clarification or question such orders are essentially reinforcing “effective civilian control.”
• The nation is best served when mutual trust takes precedence over any military-civilian or political rifts.
• The military – including active-duty, reserve and National Guard components – “have carefully delimited roles in law enforcement.” The military should support rather than lead any such efforts.
• Military members must remain cognizant of the policies and regulations that apply to their participation in partisan politics.
• The military has two roles during presidential elections; to protect the commander-in-chief, and be ready to serve whomever voters select as the nation’s sole chief executive.
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