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Dec 3, 2016

Act make it difficult for the generals 'priests' became Pentagon boss

Gen. James Mattis was just discharged in 2013, while the US law provides that the military leaves at least 7 years to be defense minister.

mes Mattis. Ảnh: Reutersdao-luat-gay-kho-de-cho-tuong-thay-tu-tro-thanh-ong-chu-lau-nam-goc
Donald Trump and Gen. James Mattis. Photo: Reuters

Marine Corps Gen. James Mattis, whose nickname "warrior monks" because never married and had no children, was US President-elect Donald Trump chose to chair the defense minister. But to be able to become the Pentagon boss, the general would have to be approved by a special Senate to help him overcome the legal barriers from a law was launched nearly 70 years ago.

The said Act was made in 1947, when Congress required the military officers have discharged at least 10 years to be selected to the position of defense minister. This provision was shortened to 7 years in 2008.

Pursuant to that law, Mr. Mattis will not be eligible to be appointed as the head of the Pentagon, by 66-year-old general who just retired in 2013, after taking over the position Central Command commander My heart, according to AP.

Civilian control of the military was deeply rooted in American history and set forth in its constitution, which stipulates that the president as "commander in chief" of the armed forces. Congress authorized a declaration of war, however, the conflicts in Iraq, Afghanistan, Libya and Syria show that the US military may join fight without a formal declaration of war.

This law is a product of the post-World War II, according to Douglas T. Stuart, research professor of political science and international Dickinso University, USA.

"Battle of Pearl Harbor shows that the army should be always ready to fight, even in peacetime," he said. The emergence of the Cold War meant that the United States should have a unified military structure to fight the enemy if attacked, according to Stuart.

However, at the same time, the post-war leaders are well aware of the risks of militarized systems. "America wants to avoid what happened in Germany and Japan, where the military dominated democracy," he said. At the same time, they want to avoid the military involved in the ongoing war or even meaningless.

That view prompted the US Congress passed a law banning the generals are in active military service or just left holding the position of secretary of defense, to ensure the control of the civilian elements of the process military decisions.

Since this law was passed, only a single exception when the US defense minister was given a general. That is the case of General George C. Marshall 5-star President Harry Truman was chosen as defense minister in 1950. Mr. Marshall while still in the army and in 1959 a new discharge. Congress made a special approval process to allow Mr. Marshall leader with the Pentagon indicates that this is the only exception.

US military leaders are still seriously maintained political neutrality. During the presidential election campaign tumultuous past, the Minister of State and Minister Joseph Dunford Ash Carter, the US military Joint Chiefs of Staff, will stay out of political issues.

They can do so because of concerns that they criticize candidates can become commander in chief and they have to follow his orders. The military leaders must maintain the trust of the public and lawmakers of both parties to be able to offer the best advice, without making raises questions about political motives.

Loren DeJonge Schulman, senior partner at the Center New American Security in Washington, said that any exception would need to be weighed carefully.

"Creating exceptions may make people question whether a future military leaders can give advice favor of one party or one government to advance or not," she said.

See also: The offer retired general, Trump disturbing militarization of Cabinet

Minister 'warrior monk' - potential boss Pentagon Thank you for leaving valuable comments

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