One of the most difficult problems of any society is to establish a proper relationship between civilian authority and military power. Even before the Constitutional Convention, Americans were familiar with the problems of armies, and many delegates were fearful that a standing army would be a vehicle for despotism. Many of their concerns were highlighted in The Declaration of Independence as they noted several grievances of the violation of their liberties directly attributed to a standing army (Standing Armies without the Consent of our legislatures, the Military independent of and superior to the Civil Power, quartering large bodies of armed troops, protecting [the British military] by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States.)

The Constitution in 1787 made of point of having a check on the military’s power by civilian authorities. Congress was given the sole power to declare war, to lay and collect taxes for the common defense, and they were responsible for raising and supporting armies. The President was made Commander-in-Chief of the Army and Navy, and of the militia. This arrangement strengthened the civilian control of the military, and provided protection from having the sword and purse in a single hand. Jim Mattis’s nomination as the incoming Secretary of Defense doesn’t violate any constitutional principles, but does raise come concerns over the relationship between civilian leaders and their military counterparts.

When the Department of Defense was created in 1947, there was a specific provision that called for the Secretary of Defense to “be appointed from civilian life by the President…That a person who has within ten years been on active duty as a commissioned officer in a Regular component of the armed services shall not be eligible for appointment as Secretary of Defense.”  The concern of the 80th Congress was similar to that of the Founders: a career military professional who controls the military can be a danger to the liberty of citizens. Mattis retired from active duty only three years ago, and therefore he will need Congress to grant him waiver if he is to serve as the new Secretary of Defense.