=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Chapter 7 - Expensive Security: The Two World Wars The long era of general international stability after 1815, so favorable to the United States, ended in the early 20th century. Although most Americans wished to retain the time-tested security policies of the 19th century--political isolation and passive defense--new dangers forced a revolution in the nation's approach to its national security. Clearly the high degree of national security between 1815 and 1914 masked the inevitable tension that exists between military values and civil values. When war comes infrequently and causes little disruption, it is easier to establish and maintain civilian control over the military. The extensive warfare of the post-1914 period, however, greatly increased the priority and the prestige accorded to the armed services. What, then, happened to civilian control in World War I and World War II? President Woodrow Wilson responded effectively to the new challenges. The U.S. intervention in World War I in April 1917 signalled a departure in the nation's security policy. After Congress endorsed Wilson's request for a declaration of war against Germany, the United States abandoned the policy of isolation and turned to a policy of extensive engagement in the affairs of Eurasia. This meant the mobilization and maintenance of armed services fully prepared to engage the most formidable opponents. Wilson had already set this change in motion by supporting the National Security Act of 1916, which envisioned a large warfighting army, and the Naval Act of 1916, which for the first time called for "a navy second to none" capable of conducting offensive operations against the fleets of other great powers. U.S. participation in World War I stimulated extensive institutional innovations designed to improve civil-military communication and thereby strengthen the efficiency of the armed forces. Enhanced concern for national security required improvements in the means of coordinating the efforts of the civilian sector and the military establishment since both were faced with the task of conducting a rapid mobilization on an unimagined scale. On the military side, the War and Navy Departments underwent reorganization and expansion. On the civilian side, President Wilson created many emergency agencies to mobilize and deploy the armed forces as rapidly as possible. Chief among these organizations was the War Industries Board, which provided central direction for the industrial mobilization. A definite division of responsibility for the war effort emerged during the short period of combat from April 1917 to November 1918. On the one hand, military leaders were allowed considerable freedom of action in conducting field operations when tactical measures did not compromise the larger political objectives of the nation. On the other hand, civilian leaders largely controlled the mobilization, working hand in hand with the military departments to provide the requisite manpower and materiel. Despite the remarkable expansion in the size and prestige of the armed forces, civilian control was never relaxed during World War I. Wilson retained firm direction of the armed forces, acting through the civilian heads of the military departments. Only one breach of the traditional pattern occurred. Just before the end of the war, late in October 1918, General John J. Pershing, the commander in chief of the American Expeditionary Forces, broke from Wilson's policy of seeking an armistice with Germany. Writing an unauthorized letter to the Supreme War Council, an inter-Allied organization that was considering an armistice and peace terms for Germany, Pershing advocated unconditional surrender rather than a negotiated agreement. Wilson and Secretary of War Newton D. Baker reacted immediately. They contemplated a stiff reprimand, but Colonel Edward M. House, representing the United States on the Supreme War Council, arranged for Pershing to withdraw his recommendation. The war soon ended, an outcome that led Wilson and Baker to forgo disciplinary action against Pershing. Some violations of civil liberties did occur during the war. Political radicals, conscientious objectors and German-Americans sometimes encountered persecution as popular passion overcame good sense in the heat of conflict. Fortunately, the judiciary, as it had during the Civil War, managed to mitigate some of these serious errors and eventually made amends. And President Wilson prevented the use of military tribunals in dealing with charges of wartime sedition and espionage. When the war ended, President Wilson attempted to honor his promise to associate the United States with an international security organization. After incorporating the Covenant of the League of Nations into the peace settlement with Germany (the Treaty of Versailles), he led an unsuccessful attempt to obtain the approval of the United States Senate. He envisioned the League as the medium through which the United States would pursue a new foreign policy of collective security. The nation's land power and especially its naval strength would be used in cooperation with other nations to ensure compliance with the decisions of the new organization. Although many factors contributed to the Senate's rejection of the Treaty of Versailles, by far the most important was the unwillingness of the American people to countenance Wilson's revolutionary departure from the old foreign policy of isolation. They were not yet convinced that the United States should participate extensively in the affairs of the Old World to guarantee America's security. They were also reluctant to maintain large combat-ready armed forces in support of an activist foreign policy. Hence, during the period between World War I and World War II, the United States reverted to its 19th-century policy of isolation. However, aggression by Germany and Italy in Europe and by Japan in East Asia again forced the United States to abandon isolationism in favor of a demanding new engagement in world politics. As aggression mounted overseas, the United States began to rearm and to support the opponents of the Axis powers. The nation went to war in December 1941 after Japan conducted a surprise attack against the U.S.Pacific fleet based at Pearl Harbor and other military bases in the Hawaiian Islands, and against U.S. forces in the Philippines. This time the nation's military efforts far surpassed those of 1917 - 1918 in duration and scope. The government was forced to mobilize armed forces for extensive service in Western Europe, the Western Pacific, and elsewhere around the world. This state of affairs again posed the prospect that overwhelming security requirements might erode civilian control of a vastly expanded military. Developments during World War II paralleled those of World War I in many respects. Following the precedent set during 1917 - 1918, President Franklin D. Roosevelt created many emergency agencies to manage what he called "the arsenal of democracy." The most important were the War Production Board (1942) and the Office of War Mobilization, set up in 1943. The professional heads of the armed services came together in the Joint Chiefs of Staff, which organized essential interservice cooperation, arranged distribution of resources between the theaters of war, and directed massive military campaigns that eventually played a major role in defeating the armed forces of Italy, Germany and Japan. Although civilians dominated the emergency agencies, the uniformed military leaders remained free to direct the operations of forces in the field, provided that their actions were consistent with the president's policy and strategy. Again, the war, despite its protracted character and its intensity, did not breed significant challenges to civilian control. Although the wartime crisis enhanced military participation in national planning and decision-making, military leaders displayed no inclination to supplant appropriate civilian influence. The much-enlarged defense establishment included many civilians and citizen-soldiers, who identified with established traditions of civilian control. Sadly, some violations of civil rights took place, the most egregious being the internment of Japanese-Americans, which the Army considered necessary for national security. But, as it had during World War I, the judiciary interposed its authority to control abuses. After the war ended, indemnities were twice distributed to the Japanese-Americans, in at least partial recompense for their tragic mistreatment. Interestingly, the wartime experience of millions of civilians and civilian-soldiers also led to a postwar "civilianization" of military legal procedures (see the sidebar at the end of this chapter). What accounts for the preservation and even the strengthening of civilian control in the United States during the great wars of the 20th century? * The defense of democracy. Americans viewed the expansion of the military establishment as an unavoidable measure to ensure the preservation of their freedoms. They perceived civilian control of the military as an indispensable aspect of the democratic process they sought to preserve. Both citizen-soldiers and those who remained at home remained committed to civilian control. No group emerged to advocate changes in traditional practice. * The growth of military professionalism. During the last years of the 19th century and continuing into the 20th century, the U.S. military services became thoroughly professionalized. This development had several ramifications. First, the military constitutes a profession whose membership is determined on the basis of achievement. In the United States, military officers constitute neither a class nor a caste. Mandatory retirement further undermines any basis for the development of class or caste identifications. Second, institutions founded to provide training and education to the officer corps, such as the military academies, the command and staff colleges, and the senior war colleges, seek to inculcate the value of professionalism in those they train. Professionalism requires of each officer a commitment to professional excellence--the observance of the highest technical standards in meeting the requirements of his or her chosen field. This generally excludes concern with political, economic or civil matters that fall outside the narrow purview of the military profession. Hence, by definition, professionalism embraces the commitment to civilian control of the military. Professionalism does not completely exclude participation in politics. Officers and enlisted personnel are encouraged to vote. They may contribute money to political parties or directly to a candidate. However, active-duty military personnel may not run for office or be involved in the campaigns of others running for office. In the United States, politics is viewed as a career, and if active-duty officers or enlisted personnel want to pursue that kind of career, they must give up their career in the military. No laws prevent retired military personnel from running for office, holding office or participating in the political campaigns of others. Indeed, a number of retired military men have succeeded in being elected president of the United States (see sidebar in Chapter 3). Both ideological commitments and professional creeds helped prevent undue military influence in U.S. government during World War I and World War II. The preservation of civilian control did not stem from impersonal forces. It flowed from the active and sustained commitment of both civilians and military professionals to an idea that had proven itself in good times and bad. Louis Smith has written that "civil dominance, regardless of how securely grounded it may be in the Constitution and in the statutes, is not self-implementing. Like any other principle, it must be cherished in the public mind if it is to prevail. Like any other policy, it requires translation into effective administration." The U.S. national experience during the two world wars confirms this judgment. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= SIDE BAR: The Uniform Code of Military Justice Through World War II, the U.S. military lacked a code of law to govern the conduct of its personnel. The extensive use of courts martial in World War II and the severity of the sentences led to widespread demands for reform. In response, James Forrestal, the first secretary of defense, appointed a committee headed by Edmund Morgan of Harvard Law School, to draft a code. Secretary Forrestal instructed the committee that "the modernization of the existing system should be undertaken with a view to protecting the rights of those subject to the code and increasing public confidence in military justice without impairing the performance of military functions." The Uniform Code of Military Justice (UCMJ), adopted in 1951, civilianized and liberalized the military's criminal laws and procedures, and extended certain rights of citizenship to service personnel. A number of the UCMJ's provisions demonstrate the effort to impose civilian legal standards on the military. Article 37 made it an offense for an officer convening a court martial to attempt to influence its outcome. Additionally, the accused gained the right to qualified legal representation. The code mandated pretrial investigations and hearings. Another provision required a systematic review of court-martial convictions by the Judge Advocates General, Military Boards of Review, and in some cases by the three-judge civilian Court of Military Appeals. In one important instance the provisions of the Code ran ahead of civilian law. Fifteen years before the U.S. Supreme Court guaranteed civilians the same right in the Miranda decision, Article 31 assured accused military personnel the right to remain silent during all stages of interrogation. Several changes have been made in the UCMJ since 1951, most recently in 1983. A major revision occurred in 1968 with the passage of the Military Justice Act, which strengthened the role of military lawyers; provided that any serviceman facing summary court martial could demand a special court martial where full due process would be afforded; and transformed military "boards of review" to "courts of review," which symbolized the movement toward civilianization. Perhaps most important, the act mandated that defense counsel must be provided to the accused, except when such counsel "cannot be obtained on account of physical conditions or military exigencies," in which case the commander ordering a trial in the absence of a defense lawyer must make "a detailed written statement, to be appended to the record, stating why [lawyer defense counsel] could not be obtained."