Military Relationship to Government

[Jonathan Buhacoff]

The military should not be part of government for at least these reasons:

* soldiers who are part of the military are significantly different in purpose, authority, training, appearance, and duties than civilians who are part of government
* the military has its own code of justice and disciplinary procedures which are different than civilian laws and judicial procedures
* the military should be responsive to properly issued and lawful directives of the Executive Branch, and must have the ability to refuse to follow unlawful or improper orders, which means the Executive Branch should not have the power to summarily dismiss military officers and the implication is that that the military cannot be part of the Executive Branch
* the military certainly doesn’t fit in any other branch of government

Instead, the military should be an institution that is separate from government, yet directed exclusively by the government. The separation means that:

* The military is not a branch of government
* Soldiers of any military branch are not government employees
* The Legislative Branch funds the military in its budgeting process
* The Legislative Branch must enact laws to govern the pay, benefits, and discipline of Soldiers separately from government employees, elected or appointed officials, and other civilians
* The Legislative Branch confirms the appointment of the highest-ranking officers in the military (Generals and Admirals)
* The Executive Branch is responsible for directing the actions of the military
* The Investigative Branch is responsible for holding military personnel accountable to all laws and regulations and may have a special division focused on military investigations
* The Judicial Branch hears cases where military personnel violated non-military laws or regulations, such as if a soldier abuses their spouse or children, or is stopped by police for a traffic violation outside of a military base, etc.

The military has its own systems for training personnel, developing military regulations, and administering discipline within the boundaries set by the Legislative Branch.

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