기사님께서 지금 보내오신 정보입니다. 미국방부 에서 딥스테이트 들에게 보낸 통고 입니다. 전문 그대로 올립니다. 우리님들 번역 부탁 드립니다.
We are in an exceptionally challenging civil-military environment.
Many of the factors that shape civil-military relations have undergone extreme strain in recent years.
Geopolitically, the winding down of the wars in Iraq and Afghanistan and the ramping up of great power conflict mean the U.S. military must simultaneously come to terms with wars that ended without all the goals satisfactorily accomplished while preparing for more daunting competition with near-peer rivals.
Socially, the pandemic and the economic dislocations have disrupted societal patterns and put enormous strain on individuals and families.
Politically, military professionals confront an extremely adverse environment characterized by the divisiveness of affective polarization that culminated in the first election in over a century when the peaceful transfer of political power was disrupted and in doubt.
Looking ahead, all of these factors could well get worse before they get better.
In such an environment, it is helpful to 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, if vigilant and mindful.
1. Civilian control of the military is part of the bedrock foundation of American democracy.
The democratic project is not threatened by the existence of a powerful standing military so long as civilian and military leaders — and the rank-and-file they lead — embrace and implement effective civilian control.
2. Civilian control operates within a constitutional framework under the rule of law.
Military officers swear an oath to support and defend the Constitution, not an oath of fealty to an individual or to an office.
All civilians, whether they swear an oath or not, are likewise obligated to support and defend the Constitution as their highest duty.
3. Under the U.S. Constitution, civilian control of the military is shared across all three branches of government.
Ultimately, civilian control is wielded by the will of the American people as expressed through elections.
4. Civilian control is exercised within the executive branch for operational orders by the chain of command, which runs from the president to the civilian secretary of defense to the combatant commanders.
Civilian control is also exercised within the executive branch for policy development and implementation by the interagency process, which empowers civilian political appointees who serve at the pleasure of the president and career officials in the civil service to shape the development of plans and options, with the advice of the military, for decision by the president.
The chairman of the Joint Chiefs of Staff is not in the formal chain of command, but best practice has the chairman in the chain of communication for orders and policy development.
5. Civilian control is exercised within the legislative branch through the extensive powers enumerated in Article I of the Constitution, beginning with the power to declare war, to raise and support armies, and to provide and maintain a navy.
Congress determines the authorization and appropriation of funds without which military activity is impossible.
The Senate advises and consents on the promotion of officers to the pay grade of O-4 and above.
The Senate is also charged with advising and consenting to certain senior-level civilian political appointees.
Congress conducts oversight of military activity and can compel testimony from military or civilian officials, subject to narrow exceptions such as executive privilege.
Members of Congress empower personal and committee staff to shape the development of policies for decision by the committees and Congress as a whole and thereby play an important role in civilian oversight of policy.
6. In certain cases or controversies, civilian control is exercised within the judicial branch through judicial review of policies, orders, and actions involving the military.
In practice, the power to declare a policy/order/action illegal or unconstitutional is decisive because the military is obligated (by law and by professional ethics) to refuse to carry out an illegal or unconstitutional policy/order/action.
7. Civilian control is enhanced by effective civil-military relations.
Civil-military relations are comprised of a dynamic and iterative process that adjusts to suit the styles of civilian leaders.
Under best practices, civil-military relations follow the regular order of the development of policy and laws, which protects both the military and civilian control.
Under regular order, proposed law, policies, and orders are reviewed extensively by multiple offices to ensure their legality, appropriateness, and likely effectiveness.
However, regardless of the process, it is the responsibility of senior military and civilian leaders to ensure that any order they receive from the president is legal.
8. The military has an obligation to assist civilian leaders in both the executive and legislative branches in the development of wise and ethical directives but must implement them provided that the directives are legal.
It is the responsibility of senior military and civilian leaders to provide the president with their views and advice that includes the implications of an order.
9. While the civil-military system (as described above) can respond quickly to defend the nation in times of crisis, it is designed to be deliberative to ensure that the destructive and coercive power wielded by the U.S. armed forces is not misused.
10. Elected (and appointed) civilians have the right to be wrong, meaning they have the right to insist on a policy or direction that proves, in hindsight, to have been a mistake.
This right obtains even if other voices warn in advance that the proposed action is a mistake.
11. Military officials are required to carry out legal orders the wisdom of which they doubt.
Civilian officials should provide the military ample opportunity to express their doubts in appropriate venues.
Civilian and military officials should also take care to properly characterize military advice in public.
Civilian leaders must take responsibility for the consequences of the actions they direct.
12. The military reinforces effective civilian control when it seeks clarification, raises questions about second - and third-order effects, and proposes alternatives that may not have been considered.
13. Mutual trust — trust upward that civilian leaders will rigorously explore alternatives that are best for the country regardless of the implications for partisan politics and trust downward that the military will faithfully implement directives that run counter to their professional military preference — helps overcome the friction built into this process.
Civil-military teams build up that reservoir of trust in their day-to-day interactions and draw upon it during times of crisis.
14. The military — active-duty, reserve, and National Guard — have carefully delimited roles in law enforcement.
Those roles must be taken only insofar as they are consistent with the Constitution and relevant statutes.
The military has an obligation to advise on the wisdom of proposed action and civilians should create the opportunity for such deliberation.
The military is required ultimately to carry out legal directives that result.
In most cases, the military should play a supporting rather than a leading role to law enforcement.
15. 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.
16. During presidential elections, the military has a dual obligation.
First, because the Constitution provides for only one commander-in chief at a time, the military must assist the current commander-in-chief in the exercise of his or her constitutional duty to preserve, protect, and defend the Constitution of the United States.
Second, because the voters (not the military) decide who will be commander-in-chief, they must prepare for whomever the voters pick — whether a reelected incumbent or someone new.
This dual obligation reinforces the importance of the principles and best practices described above.
우리는 유난히 어려운 민군 환경에 처해 있습니다. 사회적으로, 전염병과 경제적 혼란은 사회적 패턴을 교란시켰습니다. 민주적 프로젝트는 강력한 지위의 존재에 의해 위협받지 않습니다.
2. 민간통제는 법치하에서 헌법적 틀 안에서 운영됩니다.
3. 미국 헌법에 따르면 군에 대한 민간인의 통제는 세 정부 부처 모두에 걸쳐 공유됩니다. 궁극적으로 민간의 통제는 선거를 통해 표출되는 미국 국민의 의지에 의해 좌우됩니다. 지휘계통이 아니라 모범사례입니다.
5. 민간 통제는 열거된 광범위한 권한을 통해 입법부 내에서 행사됩니다. 의회는 군사 활동이 불가능한 자금의 승인과 전용을 결정합니다. 위원회와 의회의 결정을 위해 그리고 그에 따라 중요한 역할을 합니다. 민간인의 정책 감독입니다. 모범 사례에서 민군 관계는 정책 개발의 규칙적인 순서를 따릅니다.
8. 군대는 행정부와 입법부 모두에서 민간 지도자를 지원할 의무가 있습니다.
10. 선출된 (그리고 임명된) 민간인은 잘못될 권리가 있으며, 이는 그들이 주장할 권리가 있음을 의미합니다. 특징지을 수 있도록 주의해야 합니다.
12. 군은 해명을 요구할 때 효과적인 민간인 통제를 강화하고, 두 번째에 대해 의문을 제기합니다.
14. 현역, 예비역, 주 방위군 등 군대는 법 집행에서 신중하게 구분된 역할을 합니다. 군대는 제안된 행동의 지혜에 대해 조언할 의무가 있고 민간인들은 창조해야 합니다.
15. 당파정치에서 군인의 공적 역할에는 상당한 한계가 있습니다.
16. 대통령 선거 때 군대는 이중의 의무가 있습니다. |