America’s Founding Fathers were suspicious of a standing military. In 1768, Samuel Adams wrote, “Even where there is a necessity of the military power, within a land, a wise and prudent people will always have a watchful and a jealous eye over it.” Speaking at the Constitutional Convention, James Madison said, “The means of defense against foreign danger have been always the instruments of tyranny at home.”
Article II, Section 2 of the Constitution reads: “The President shall be the Commander in Chief of the Army and Navy of the United Sates and of the Militia of the several States when called into the actual Service of the United States.” Again James Madison: “A standing military force, with an overgrown Executive, will not long be safe companions to liberty”.
The underlying constitutional assumption is that the president and other civilian officials will be reluctant to use the U.S. military to force citizen compliance with the will of the federal government or to enter states without their governor’s or legislature’s request. And in practice, that has largely been the case. Governors have similar authority over their national guards.
Maryland’s Eastern Shore is no stranger to military occupation. In 1962, demands by African Americans to desegregate businesses in Cambridge were unsuccessful, despite Gov. Millard Tawes’s urgent request to the legislature for laws ending discrimination across the state. In 1963, a Cambridge movie theater owner substantially reduced the seating available to blacks. The ensuing boycotts, demonstrations, and arson turned into armed violence and deaths. Martial law was declared and the Maryland National Guard occupied Cambridge for over a year.
Since last January, Americans have faced a perfect storm of catastrophes. The covid-19 pandemic to date has killed 110,000. Then there have been the negative effects of state and local governments’ lockdown orders to contain the virus. With tens of millions of Americans out of work, the national economy has been devastated.
Fear, anxiety, desperation, and depression are tinder waiting for a flame. And that flame arrived in Minneapolis two weeks ago when a white policeman killed an unarmed, handcuffed African American man by suffocation. A video of the event went viral and ignited outrage in black and white communities nation-wide. This outrage quickly translated into massive demonstrations across the country, including in Washington, D.C. where crowds gathered peacefully in Lafayette Square, adjacent to the White House.
The president exhibited no understanding of the dynamics of the moment (the long history of white cops attacking black citizens) and blamed incidental violence on terrorists (the demonstrators). He further exacerbated the situation by claiming left-wing groups and the Black Lives Matter organization were using social media to incite violence. He threatened to invoke the 1807 Insurrection Act and deploy federal forces to states, whether they were requested or not. To date, 22 states and the District of Columbia have called up their national guards, and no state has requested federal military support.
Then last week, the president, abetted by his attorney general, went on the offensive. After remarks in the Rose Garden filled with threats of force and the need to dominate and subdue the violence, he walked through the White House gates and strode across Lafayette Square to St. John's Church, site of his photo op. The demonstrators there had been tear gassed, attacked with flash-bang grenades, and forced back to allow the president to use the church and his daughter’s Bible as props.
Civilian control of the U.S. military continues to be a sensible principle. However, we’re now learning that we may need additional guardrails and congressional oversight to prevent misuse of the military by presidents and cabinet members.
Prominent Americans have sharply criticized the president’s readiness to use force against Americans in the past few days. What do they have to say?
Adm. Mike Mullen (Ret.), former chairman of the Joint Chiefs of Staff:“Trump laid bare his disdain for the rights of peaceful protest in this country, gave succor to the leaders of other countries who take comfort in our domestic strife, and risked further politicizing the men and women of our armed forces.”
William Perry, former secretary of defense:“I am outraged at the deplorable behavior of our president and Defense Secretary Esper, threatening to use American military forces to suppress peaceful demonstrators exercising their constitutional rights. This is a deeply shameful moment for our nation."
Gen. Michael Hayden (Ret.), former director of the CIA and NSA, on Mark Milley (present chairman, Joint Chiefs of Staff) joining Trump for his walk in front of the White House after protesters were cleared:
"I was appalled to see him in his battle dress. Milley (he's a general?!?) should not have walked over to the church with Trump."
Ashton Carter, former secretary of defense:"The Department of Defense exists to safeguard our citizens, not dominate them…. There is no need, no warrant, and no excuse to bring active-duty military force into the restoration of order.”
Gen. Colin Powell (Ret.), former secretary of state, former chairman of the Joint Chiefs of Staff:“The country is at a turning point. Trump is the first president in my lifetime who is not trying to unite the country. And even more troubling, the Congress just sits there and in no way resists what the president is doing. The one word I would never use with any other president is he lies.”
Tom Timberman
is a lawyer, and former Foreign Service officer and economic development team leader/government adviser in war zones. He and his wife have lived in Kent County for 24 years.