Civilian Control of the Military Is Fundamental to American Democracy

Last week, President-elect Donald J. Trump announced he wanted James N. Mattis, a retired four-star Marine Corps general, to be our next secretary of defense. General Mattis deserves deep gratitude and respect for his commendable military service. But he is precluded by law from leading the Department of Defense.

Our American democracy was built around the concept of civilian control of the military. The Constitution mandates that the commander in chief be a civilian, and that Congress have power of the purse over the military. George Washington demonstrated the importance of this principle by resigning his military commission years before becoming our first president.

The National Security Act of 1947 enshrined this concept in the law again by mandating that the newly created Defense Department not be led by “a person who has within ten years" -- later reduced to seven years -- "been on active duty as a commissioned officer in a regular component of the armed services.”

Now is not the time to undermine this critical constitutional tenet. Some argue that President-elect Trump's military and foreign policy inexperience warrant changing the law. Instead, now, as much as ever, we must protect this core foundation on which our country was built, and which has served us well.

Congress made an exception to this law under extraordinary circumstances when President Truman asked Congress to allow George Marshall, a five-star general and a hero of World War II, to lead the Defense Department during the Korean War. Despite widespread popularity and admiration for Marshall, a heated debate and hearings ensued. In the end, Congress agreed to make a one-time exemption, but not without adding an addendum in the law making clear that, “after General Marshall leaves the office of Secretary of Defense, no additional appointments of military men to that office shall be approved.”

New presidents are typically allowed latitude to appoint their cabinet members. But President-elect Trump is not entitled to ignore our laws and change the fundamental government constructs that have enabled our country’s success.

As we continue to debate this issue in the coming days, I urge my colleagues to rebuff any attempts to ram this change through Congress. Even at the height of the Cold War, with troops deployed in Korea, and with one of the most admired men in American history under consideration, Congress carefully considered Marshall's appointment. So instead of tucking a waiver for General Mattis in a “must-pass” bill voted on in the middle of the night, we must give this issue serious examination through public hearings.