112-593: The secretary of the Army ( SA or SECARMY ) is a senior civilian official within the United States Department of Defense , with statutory responsibility for all matters relating to the United States Army : manpower, personnel, reserve affairs, installations, environmental issues, weapons systems and equipment acquisition, communications and financial management. The secretary of the Army
224-410: A metonym for the federal government. The United States government is based on the principles of federalism and republicanism , in which power is shared between the federal government and state governments . The interpretation and execution of these principles, including what powers the federal government should have and how those powers can be exercised, have been debated ever since the adoption of
336-707: A complex set of relationships between state and federal courts. Federal courts can sometimes hear cases arising under state law pursuant to diversity jurisdiction , state courts can decide certain matters involving federal law, and a handful of federal claims are primarily reserved by federal statute to the state courts. Both court systems have exclusive jurisdiction in some areas and concurrent jurisdiction in others. The U.S. Constitution safeguards judicial independence by providing that federal judges shall hold office "during good behavior"; in practice, this usually means they serve until they die, retire, or resign. A judge who commits an offense while in office may be impeached in
448-613: A few cases. The judicial power extends to cases arising under the Constitution, an Act of Congress ; a U.S. treaty ; cases affecting ambassadors , ministers and consuls of foreign countries in the U.S.; cases and controversies to which the federal government is a party; controversies between states (or their citizens) and foreign nations (or their citizens or subjects); and bankruptcy cases (collectively "federal-question jurisdiction"). The Eleventh Amendment removed from federal jurisdiction cases in which citizens of one state were
560-464: A military defense force stagnated as they focused on other concerns relevant to setting up the new government. President George Washington went to Congress to remind them of their duty to establish a military twice during this time. Finally, on the last day of the session, September 29, 1789, Congress created the War Department . The War Department handled naval affairs until Congress created
672-478: A single elected term." Under the Presentment Clause of Article I, a bill that passes both chambers of Congress shall be presented to the president, who may sign the bill into law or veto the bill by returning it to the chamber where it originated. If the president neither signs nor vetoes a bill "within ten Days (Sundays excepted) after it shall have been presented to him" it becomes a law without
784-619: A special election can take place. The House and Senate each have particular exclusive powers. For example, the Senate must approve (give " advice and consent " to) many important presidential appointments, including cabinet officers, federal judges (including nominees to the Supreme Court), department secretaries (heads of federal executive branch departments), U.S. military and naval officers, and ambassadors to foreign countries. All legislative bills for raising revenue must originate in
896-515: A trade embargo, declare war upon a foreign government that the President had recognized, or decline to appropriate funds for an embassy in that country." The president may also negotiate and sign treaties, but ratifying treaties requires the consent of two-thirds of the Senate. Article II's Appointments Clause provides that the president "shall nominate, and by and with the Advice and Consent of
1008-645: Is established in Article Two of the United States Constitution , which vests executive power in the president of the United States . The president is both the head of state (performing ceremonial functions) and the head of government (the chief executive). The Constitution directs the president to " take care that the laws be faithfully executed " and requires the president to swear or affirm to "preserve, protect and defend
1120-493: Is in effect the chief executive officer of the Department of the Army, and the chief of staff of the Army works directly for the secretary. The secretary presents and justifies Army policies, plans, programs, and budgets to the secretary of defense, other executive branch officials, and to the congressional Defense Committees. The secretary also communicates Army policies, plans, programs, capabilities, and accomplishments to
1232-402: Is intended to prevent waste and fraud, protect civil liberties and individual rights, ensure executive compliance with the law, gather information for making laws and educating the public, and evaluate executive performance. It applies to cabinet departments, executive agencies, regulatory commissions, and the presidency. Congress's oversight function takes many forms: The executive branch
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#17327940778061344-602: Is nominated by the president of the United States and confirmed by the United States Senate . The secretary is a non-Cabinet-level official, subordinate to the secretary of Defense . This position was created on September 18, 1947, replacing the secretary of war , when the Department of War was split into the Department of the Army and Department of the Air Force . On May 28, 2021, Christine Wormuth
1456-551: Is not military, such as the Department of Homeland Security, counter-terrorism spending by the FBI, and intelligence-gathering spending by the NSA. In the 2010 United States federal budget , the Department of Defense was allocated a base budget of $ 533.7 billion, with a further $ 75.5 billion adjustment in respect of 2009, and $ 130 billion for overseas contingencies. The subsequent 2010 Department of Defense Financial Report shows
1568-604: Is one delegate each from Washington, D.C. , Guam , the Virgin Islands , American Samoa , the Commonwealth of the Northern Mariana Islands , and a resident commissioner from Puerto Rico . Unlike the U.S. Senate , all members of the U.S. House must be elected and cannot be appointed. In the case of a vacancy, the seat must be filled through a special election, as required under Article 1 of
1680-588: Is the commander-in-chief of the armed forces . Under the Reception Clause , the president is empowered to "receive Ambassadors and other public Ministers"; the president has broad authority to conduct foreign relations, is generally considered to have the sole power of diplomatic recognition , and is the United States' chief diplomat, although the Congress also has an important role in legislating on foreign affairs, and can, for example, "institute
1792-540: Is the secretary and their deputies, including predominantly civilian staff. OSD is the principal staff element of the Secretary of Defense in the exercise of policy development, planning, resource management, fiscal and program evaluation and oversight, and interface and exchange with other U.S. federal government departments and agencies, foreign governments, and international organizations, through formal and informal processes. OSD also performs oversight and management of
1904-769: The Central Intelligence Agency , the National Security Council , National Security Resources Board , United States Air Force , and the Joint Chiefs of Staff . The act placed the National Military Establishment under the control of a single secretary of defense . The National Military Establishment formally began operations on September 18, the day after the Senate confirmed James V. Forrestal as
2016-474: The Constitution , and this is the name that appears on money, in treaties, and in legal cases to which the nation is a party. The terms "Government of the United States of America" or "United States Government" are often used in official documents to represent the federal government as distinct from the states collectively. In casual conversation or writing, the term "Federal Government" is often used, and
2128-970: The Eisenhower School (ES) and the National War College (NWC). Faced with rising tensions between the Thirteen Colonies and the British government , one of the first actions taken by the First Continental Congress in September 1774 was to recommend that the colonies begin defensive military preparations. In mid-June 1775, after the outbreak of the Revolutionary War , the Second Continental Congress , recognizing
2240-523: The Navy Department in 1798. The secretaries of each department reported directly to the president as cabinet-level advisors until 1949, when all military departments became subordinate to the Secretary of Defense. After the end of World War II , President Harry Truman proposed the creation of a unified department of national defense. In a special message to the Congress on December 19, 1945,
2352-674: The Office of the Director of National Intelligence . They fulfill the requirements of national policymakers and war planners, serve as Combat Support Agencies , and also assist and deploy alongside non-Department of Defense intelligence or law enforcement services such as the Central Intelligence Agency and the Federal Bureau of Investigation . The military services each have their intelligence elements that are distinct from but subject to coordination by national intelligence agencies under
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#17327940778062464-532: The U.S. Tax Court , are specialized courts handling only certain kinds of cases, known as subject matter jurisdiction . The Bankruptcy Courts are supervised by the district courts, and, as such, are not considered part of the Article III judiciary. As such, their judges do not have lifetime tenure, nor are they Constitutionally exempt from diminution of their remuneration. The Tax Court is an Article I Court, not an Article III Court. The district courts are
2576-555: The United States . United States Department of Defense The United States Department of Defense ( DoD , USDOD , or DOD ) is an executive branch department of the federal government of the United States charged with coordinating and supervising all agencies and functions of the U.S. government directly related to national security and the United States Armed Forces . As of November 2022,
2688-505: The United States District Courts , which are the general trial courts for federal law, and for certain controversies between litigants who are not deemed citizens of the same state, known as diversity jurisdiction . There are three levels of federal courts with general jurisdiction, which are courts that handle both criminal and civil suits between individuals. Other courts, such as the bankruptcy courts and
2800-834: The United States Postal Service (USPS), NASA , the Central Intelligence Agency (CIA), the Environmental Protection Agency (EPA), and the United States Agency for International Development (USAID). In addition, there are government-owned corporations , including the Federal Deposit Insurance Corporation and the National Railroad Passenger Corporation . The Judiciary, under Article III of
2912-583: The White House staff, the National Security Council , the Office of Management and Budget , the Council of Economic Advisers , the Council on Environmental Quality , the Office of the U.S. Trade Representative , the Office of National Drug Control Policy , and the Office of Science and Technology Policy . Outside of the EOP and the executive departments are a number of independent agencies . These include
3024-595: The deputy secretary of defense . Secretaries of military departments, in turn, normally exercise authority over their forces by delegation through their respective service chiefs (i.e., Chief of Staff of the Army , Commandant of the Marine Corps , Chief of Naval Operations , Chief of Staff of the Air Force , and Chief of Space Operations ) over forces not assigned to a Combatant Command . Secretaries of Military Departments and service chiefs do not possess operational command authority over U.S. troops (this power
3136-453: The federal district (national capital) of Washington, D.C. , where the majority of the federal government is based. The U.S. federal government is composed of three distinct branches: legislative , executive , and judicial , whose powers are vested by the U.S. Constitution in the Congress , the president , and the federal courts , respectively. The powers and duties of these branches are further defined by acts of Congress, including
3248-518: The fiscal year 2024 (FY2024) presidential budget request was $ 842 billion. In January 2023 Treasury Secretary Janet Yellen announced the US government would hit its $ 31.4 trillion debt ceiling on 19 January 2023; the date on which the US government would no longer be able to use extraordinary measures such as issuance of Treasury securities is estimated to be in June 2023. On 3 June 2023,
3360-593: The militia , exercise exclusive legislation in the District of Columbia , regulate interstate commerce , and to make laws necessary to properly execute powers. Over the two centuries since the United States was formed, many disputes have arisen over the limits on the powers of the federal government. These disputes have often been the subject of lawsuits that have ultimately been decided by the United States Supreme Court . Congressional oversight
3472-484: The 50 states is determined by state populations, and it is updated after each decennial U.S. Census. Each member serves a two-year term. In order to be elected as a representative, an individual must be at least 25 years of age, must have been a U.S. citizen for at least seven years, and must live in the state that they represent. In addition to the 435 voting members, there are six non-voting members, consisting of five delegates and one resident commissioner . There
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3584-646: The Army , Secretary of the Navy and Secretary of the Air Force ), appointed by the president, with the advice and consent of the Senate . They have the legal authority under Title 10 of the United States Code to conduct all the affairs of their respective departments within which the military services are organized. The secretaries of the Military Departments are (by law) subordinate to the secretary of defense and (by SecDef delegation) to
3696-504: The Army is composed of the under secretary of the Army, the assistant secretaries of the Army, the administrative assistant to the secretary , the general counsel of the Department of the Army, the inspector general of the Army, the chief of legislation, and the Army Reserve Forces Policy Committee. Other offices may be established by law or by the secretary of the Army. No more than 1,900 Army officers on
3808-603: The CIA's human intelligence efforts while also focusing on military human intelligence priorities. These agencies are directly overseen by the Under Secretary of Defense for Intelligence and Security . The Joint Chiefs of Staff (JCS) is a body of senior uniformed leaders in the Department of Defense who advise the secretary of defense, the Homeland Security Council , the National Security Council and
3920-886: The Cabinet who are appointed by the president. These are the White House Chief of Staff, Administrator of the Environmental Protection Agency, Director of the Office of Management & Budget, United States Trade Representative, U.S. Ambassador to the United Nations, Chairman of the Council of Economic Advisers, and Administrator of the Small Business Administration. The heads of the 15 departments are chosen by
4032-739: The Chairman of the Joint Chiefs of Staff (CJCS) as the "principal military adviser to the President, the National Security Council, the Homeland Security Council, and the Secretary of Defense". The remaining Joint Chiefs of Staff may only have their advice relayed to the President, National Security Council, the Homeland Security Council , or the Secretary of Defense after submitting it to the CJCS. By law,
4144-470: The Civil War) or when states' rights proponents have succeeded in limiting federal power through legislative action, executive prerogative or by a constitutional interpretation by the courts. One of the theoretical pillars of the U.S. Constitution is the idea of " checks and balances " among the powers and responsibilities of the three branches of American government: the executive, the legislative, and
4256-458: The Congress. The United States Congress , under Article I of the Constitution, is the legislative branch of the federal government. It is bicameral , comprising the House of Representatives and the Senate . The U.S. House of Representatives is made up of 435 voting members, each of whom represents a congressional district in a state from where they were elected. Apportionment of seats among
4368-714: The Constitution of the United States." Legal scholars William P. Marshall and Saikrishna B. Prakash write of the Clause: "the President may neither breach federal law nor order their subordinates to do so, for defiance cannot be considered faithful execution. The Constitution also incorporates the English bars on dispensing or suspending the law, with some supposing that the Clause itself prohibits both." Many presidential actions are undertaken via executive orders , presidential proclamations , and presidential memoranda . The president
4480-705: The Constitution, explains and applies the laws. This branch does this by hearing and eventually making decisions on various legal cases. Article III section I of the Constitution establishes the Supreme Court of the United States and authorizes the United States Congress to establish inferior courts as their need shall arise. Section I also establishes a lifetime tenure for all federal judges and states that their compensation may not be diminished during their time in office. Article II section II establishes that all federal judges are to be appointed by
4592-497: The Constitution. Some make a case for expansive federal powers while others argue for a more limited role for the central government in relation to individuals, the states, or other recognized entities. Since the American Civil War , the powers of the federal government have generally expanded greatly, although there have been periods since that time of legislative branch dominance (e.g., the decades immediately following
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4704-615: The Constitution; all other powers are reserved to the states and the people. The Constitution also includes the Necessary and Proper Clause , which grants Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers". Members of the House and Senate are elected by first-past-the-post voting in every state except Louisiana and Georgia , which have runoffs , and Maine and Alaska , which use ranked-choice voting . Congress has
4816-562: The Defense Agencies, Department of Defense Field Activities, and specialized Cross Functional Teams . OSD is a parent agency of the following defense agencies: Several defense agencies are members of the United States Intelligence Community . These are national-level intelligence services that operate under the Department of Defense jurisdiction but simultaneously fall under the authorities of
4928-654: The Department of Defense are in Title 10 of the United States Code . Other significant legislation related to the Department of Defense includes: Federal government of the United States [REDACTED] [REDACTED] The federal government of the United States ( U.S. federal government or U.S. government ) is the common government of the United States , a federal republic located primarily in North America , comprising 50 states , five major self-governing territories , several island possessions , and
5040-523: The Department of Defense budget, such as nuclear weapons research, maintenance, cleanup, and production, which is in the Department of Energy budget, Veterans Affairs, the Treasury Department's payments in pensions to military retirees and widows and their families, interest on debt incurred in past wars, or State Department financing of foreign arms sales and militarily-related development assistance. Neither does it include defense spending that
5152-474: The Department of Defense. Department of Defense manages the nation's coordinating authorities and assets in disciplines of signals intelligence , geospatial intelligence , and measurement and signature intelligence , and also builds, launches, and operates the Intelligence Community's satellite assets. Department of Defense also has its own human intelligence service , which contributes to
5264-600: The FY 2019 budget: "The overall number you often hear is $ 716 billion. That is the amount of funding for national defense, the accounting code is 050 and includes more than simply the Department of Defense. It includes, for example, the Department of Energy and others. That large a number, if you back out the $ 30 billion for non-defense agencies, you get to $ 686 billion. That is the funding for the Department of Defense, split between $ 617 billion in base and $ 69 billion in overseas contingency ". The Department of Defense budget encompasses
5376-520: The FY2018 Budget expired and the FY2019 budget came into effect. The FY2019 Budget for the Department of Defense is approximately $ 686,074,048,000 (Including Base + Overseas Contingency Operations + Emergency Funds) in discretionary spending and $ 8,992,000,000 in mandatory spending totaling $ 695,066,000,000 Undersecretary of Defense (Comptroller) David L. Norquist said in a hearing regarding
5488-582: The House and 19 in the Senate, plus 4 joint permanent committees with members from both houses overseeing the Library of Congress , printing, taxation, and the economy. In addition, each house may name special, or select, committees to study specific problems. Today, much of the congressional workload is borne by the subcommittees, of which there are around 150. The Constitution grants numerous powers to Congress. Enumerated in Article I, Section 8, these include
5600-425: The House of Representatives. The approval of both chambers is required to pass all legislation, which then may only become law by being signed by the president (or, if the president vetoes the bill, both houses of Congress then re-pass the bill, but by a two-thirds majority of each chamber, in which case the bill becomes law without the president's signature). The powers of Congress are limited to those enumerated in
5712-413: The House plus its two senators). The District of Columbia has a number of electoral votes "equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State". A President may also be seated by succession . As originally drafted, there was no limit to the time a President could serve, however
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#17327940778065824-478: The Joint Chiefs of Staff ( JCS ) and the Joint Staff ( JS ), Office of the Inspector General ( DODIG ), the Combatant Commands , the Military Departments ( Department of the Army (DA), Department of the Navy (DON) & Department of the Air Force (DAF)), the Defense Agencies and Department of Defense Field Activities , the National Guard Bureau (NGB), and such other offices, agencies, activities, organizations, and commands established or designated by law, or by
5936-537: The NDAA on 14 December 2023. The Senate will next undertake negotiations on supplemental spending for 2024. A government shutdown was averted on 23 March 2024 with the signing of a $ 1.2 trillion bill to cover FY2024. A 2013 Reuters investigation concluded that Defense Finance & Accounting Service , the Department of Defense's primary financial management arm, implements monthly "unsubstantiated change actions"—illegal, inaccurate "plugs"—that forcibly make DoD's books match Treasury's books. Reuters reported that
6048-441: The National Security Agency ( NSA ), the National Geospatial-Intelligence Agency ( NGA ), and the National Reconnaissance Office ( NRO ). Other Defense agencies include the Defense Advanced Research Projects Agency ( DARPA ), the Defense Logistics Agency ( DLA ), the Missile Defense Agency ( MDA ), the Defense Health Agency ( DHA ), Defense Threat Reduction Agency ( DTRA ), the Defense Counterintelligence and Security Agency ( DCSA ),
6160-416: The Pentagon was the only federal agency that had not released annual audits as required by a 1992 law. According to Reuters, the Pentagon "annually reports to Congress that its books are in such disarray that an audit is impossible". In 2015, a Pentagon consulting firm performed an audit on the Department of Defense's budget. It found that there was $ 125 billion in wasteful spending that could be saved over
6272-442: The President to the Secretary of Defense, the service chief of the Unified Combatant Commander(s), and then to the unified combatant commander(s). Also provided in this legislation was a centralized research authority, the Advanced Research Projects Agency , eventually known as DARPA . The act was written and promoted by the Eisenhower administration and was signed into law on August 6, 1958. The Secretary of Defense , appointed by
6384-403: The Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States " while providing that "Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments." These appointments delegate "by legal authority a portion of
6496-458: The Space Development Agency ( SDA ) and the Pentagon Force Protection Agency ( PFPA ), all of which are subordinate to the secretary of defense. Additionally, the Defense Contract Management Agency ( DCMA ) is responsible for administering contracts for the Department of Defense. Military operations are managed by eleven regional or functional unified combatant commands . The Department of Defense also operates several joint services schools, including
6608-417: The Twenty-second Amendment, ratified in 1951, originally limits any president to serving two four-year terms (8 years); the amendment specifically "caps the service of a president at 10 years" by providing that "if a person succeeds to the office of president without election and serves less than two years, he may run for two full terms; otherwise, a person succeeding to office of president can serve no more than
6720-404: The U.S. Constitution. In contrast, the Senate is made up of two senators from each state, regardless of population. There are currently 100 senators (2 from each of the 50 states), who each serve six-year terms. Approximately one-third of the Senate stands for election every two years. If a vacancy occurs, the state governor appoints a replacement to complete the term or to hold the office until
6832-402: The U.S. Department of Defense is the second largest employer in the world after India (and potentially China, if including the Central Military Commission), with over 1.4 million active-duty service personnel, including soldiers, marines, sailors, airmen, and guardians. The Department of Defense also maintains over 778,000 National Guard and reservists, and over 747,000 civilians, bringing
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#17327940778066944-425: The Unified Combatant Commands are responsible for military forces' actual operational command. Almost all operational U.S. forces are under the authority of a Unified Command. The Unified Commands are governed by a Unified Command Plan —a frequently updated document (produced by the DoD), which lays out the Command's mission, geographical/functional responsibilities, and force structure. During military operations,
7056-422: The United States , the latter of which is also the commander-in-chief of the United States Armed Forces . Beneath the Department of Defense are three subordinate military departments: the Department of the Army , the Department of the Navy , and the Department of the Air Force . In addition, four national intelligence services are subordinate to the Department of Defense: the Defense Intelligence Agency ( DIA ),
7168-425: The active-duty list may be assigned or detailed to permanent duty in the Office of the Secretary of the Army and on the Army staff. Each civilian has a military counterpart, as shown in the diagram below. Thus, for example, the Army G-1 has a defined responsibility to the Assistant Secretary of the Army (Manpower and Reserve Affairs), the ASA (M&RA). Kenneth Claiborne Royall , the last secretary of war , became
7280-521: The allocation for the Department of Defense was $ 585 billion, the highest level of budgetary resources among all federal agencies, and this amounts to more than one-half of the annual federal expenditures in the United States federal budget discretionary budget . On September 28, 2018, President Donald Trump signed the Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019, and Continuing Appropriations Act, 2019 (H.R.6157) into law. On September 30, 2018,
7392-438: The budgeted global military spending – more than the next 7 largest militaries combined. By 2019, the 27th secretary of defense had begun a line-by-line review of the defense budget; in 2020 the secretary identified items amounting to $ 5.7 billion, out of a $ 106 billion subtotal (the so-called "fourth estate" agencies such as missile defense, and defense intelligence, amounting to 16% of the defense budget), He will re-deploy to
7504-402: The case from state court to federal court. The United States Courts of Appeals are appellate courts that hear appeals of cases decided by the district courts, and some direct appeals from administrative agencies, and some interlocutory appeals. The U.S. Supreme Court hears appeals from the decisions of the courts of appeals or state supreme courts, and in addition has original jurisdiction over
7616-404: The chain of command runs from the president to the secretary of defense to the combatant commanders of the Combatant Commands. As of 2019 , the United States has eleven Combatant Commands, organized either on a geographical basis (known as " area of responsibility ", AOR) or on a global, functional basis: Department of Defense spending in 2017 was 3.15% of GDP and accounted for about 38% of
7728-430: The chairman has to present that advice whenever he is presenting his own. The chain of command goes from the president to the secretary of defense to the commanders of the Combatant Commands . Goldwater–Nichols also created the office of vice-chairman, and the chairman is now designated as the principal military adviser to the secretary of defense, the Homeland Security Council, the National Security Council and to
7840-404: The chambers to consider urgent matters. The vice president is the second-highest official in rank of the federal government. The vice president's duties and powers are established in the legislative branch of the federal government under Article 1, Section 3, Clauses 4 and 5 as the president of the Senate ; this means that they are the designated presiding officer of the Senate. In that capacity,
7952-440: The creation of executive departments and courts subordinate to the U.S. Supreme Court . In the federal division of power, the federal government shares sovereignty with each of the 50 states in their respective territories. U.S. law recognizes Indigenous tribes as possessing sovereign powers , while being subject to federal jurisdiction. The full name of the republic is the "United States of America". No other name appears in
8064-440: The debt ceiling was suspended until 2025. The $ 886 billion National Defense Authorization Act is facing reconciliation of the House and Senate bills after passing both houses 27 July 2023; the conferees have to be chosen, next. As of September 2023, a Continuing resolution is needed to prevent a Government shutdown . A shutdown was avoided on 30 September for 45 days (until 17 November 2023), with passage of
8176-438: The department were streamlined while still maintaining the ordinary jurisdiction of the Military Departments to organize, train, and equip their associated forces. The Act clarified the overall decision-making authority of the secretary of defense concerning these subordinate Military Departments. It more clearly defined the operational chain of command over U.S. military forces (created by the military departments) as running from
8288-418: The executive branch when becoming president upon the death, resignation, or removal of the president, which has happened nine times in U.S. history. Lastly, in the case of a Twenty-fifth Amendment succession event, the vice president would become acting president, assuming all of the powers and duties of president, except being designated as president. Accordingly, by circumstances, the Constitution designates
8400-519: The first secretary of defense. The National Military Establishment was renamed the "Department of Defense" on August 10, 1949, and absorbed the three cabinet-level military departments, in an amendment to the original 1947 law. The renaming is alleged to be due to the Establishment's abbreviation, NME, being pronounced "enemy". Under the Department of Defense Reorganization Act of 1958 ( Pub. L. 85–599 ), channels of authority within
8512-473: The first secretary of the Army when the National Defense Act of 1947 took effect. Gordon Gray was the last Army secretary to hold the Cabinet status, which was henceforth assigned to the secretary of defense. Prior military service is not a requirement, but several have served in the United States armed forces. Secretary Stone (1989-1993) is the only holder to serve in the military outside of
8624-483: The judiciary. For example, while the legislative branch ( Congress ) has the power to create law, the executive branch under the president can veto any legislation—an act which, in turn, can be overridden by Congress. The president nominates judges to the nation's highest judiciary authority, the Supreme Court (as well as to lower federal courts), but those nominees must be approved by Congress. The Supreme Court, in turn, can invalidate unconstitutional laws passed by
8736-404: The jurisdiction of other congressional committees. The Department of Defense is unique because it is one of the few federal entities where the majority of its funding falls into the discretionary category. The majority of the entire federal budget is mandatory, and much of the discretionary funding in the budget consists of DoD dollars. * Numbers may not add due to rounding As of 10 March 2023
8848-496: The latest Center for Effective Government analysis of 15 federal agencies which receive the most Freedom of Information Act requests, published in 2015 (using 2012 and 2013 data, the most recent years available), the DoD earned 61 out of a possible 100 points, a D− grade. While it had improved from a failing grade in 2013, it still had low scores in processing requests (55%) and disclosure rules (42%). The organization and functions of
8960-486: The law and creating precedent for future law and decisions. The United States Constitution does not specifically mention the power of judicial review , which is the power to declare a law unconstitutional. There have been instances in the past where such declarations have been ignored by the other two branches. Below the U.S. Supreme Court are the United States Courts of Appeals , and below them in turn are
9072-578: The majority of the National Defense Budget of approximately $ 716.0 billion in discretionary spending and $ 10.8 billion in mandatory spending for a $ 726.8 billion total. Of the total, $ 708.1 billion falls under the jurisdiction of the House Committee on Armed Services and Senate Armed Services Committee and is subject to authorization by the annual National Defense Authorization Act (NDAA). The remaining $ 7.9 billion falls under
9184-589: The modernization of hypersonics, artificial intelligence, and missile defense. Beyond 2021 the 27th secretary of defense is projecting the need for yearly budget increases of 3 to 5 percent to modernize. The Department of Defense accounts for the majority of federal discretionary spending. In FY 2017, the Department of Defense budgeted spending accounted for 15% of the U.S. federal budget, and 49% of federal discretionary spending , which represents funds not accounted for by pre-existing obligations. However, this does not include many military-related items that are outside
9296-658: The necessity of having a national army that could move about and fight beyond the boundaries of any particular colony, organized the Continental Army on June 14, 1775. This momentous event is commemorated in the U.S. annually as Flag Day . Later that year, Congress would charter the Continental Navy on October 13, and the Continental Marines on November 10. Upon the seating of the 1st U.S. Congress on March 4, 1789, legislation to create
9408-647: The next five years without layoffs or reduction in military personnel. In 2016, The Washington Post uncovered that rather than taking the advice of the auditing firm, senior defense officials suppressed and hid the report from the public to avoid political scrutiny. In June 2016, the Office of the Inspector General released a report stating that the Army made $ 6.5 trillion in wrongful adjustments to its accounting entries in 2015. The Department of Defense failed its fifth audit in 2022, and could not account for more than 60% of its $ 3.5 trillion in assets. In
9520-702: The office of vice president. Article II, Section 2 of the Constitution sets forth the creation of a presidential Cabinet. The role of the Cabinet is to advise the president and carry out the programs and laws of the federal government. The Cabinet is composed of the vice president and the leaders of 15 executive departments. Those executive departments are the Departments of State, Treasury, Defense, Justice, Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, Veterans Affairs, and Homeland Security. Additionally, there are seven other members of
9632-488: The plaintiffs and the government of another state was the defendant. It did not disturb federal jurisdiction in cases in which a state government is a plaintiff and a citizen of another state the defendant. The power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law. The interplay of the Supremacy Clause and Article III has resulted in
9744-497: The power to adjourn Congress whenever the House and Senate cannot agree when to adjourn; no president has ever used this power. The president also has the constitutional power to, "on extraordinary Occasions, convene both Houses, or either of them"; this power has been used "to consider nominations, war, and emergency legislation." This Section invests the President with the discretion to convene Congress on "extraordinary occasions"; this special session power that has been used to call
9856-478: The power to re-organize or even abolish federal courts lower than the Supreme Court. The U.S. Supreme Court decides cases and controversies , which include matters pertaining to the federal government, disputes between states, and interpretation of the United States Constitution, and, in general, can declare legislation or executive action made at any level of the government as unconstitutional , nullifying
9968-437: The power to remove the president, federal judges, and other federal officers from office. The House of Representatives and Senate have separate roles in this process. The House must first vote to impeach the official. Then, a trial is held in the Senate to decide whether the official should be removed from office. As of 2023 , three presidents have been impeached: Andrew Johnson , Bill Clinton , and Donald Trump (twice). None of
10080-420: The powers to levy and collect taxes ; to coin money and regulate its value; provide for punishment for counterfeiting; establish post offices and roads, issue patents, create federal courts inferior to the Supreme Court , combat piracies and felonies , declare war , raise and support armies , provide and maintain a navy , make rules for the regulation of land and naval forces, provide for, arm and discipline
10192-502: The president and approved with the "advice and consent" of the U.S. Senate. Once confirmed, these "Cabinet secretaries" serve at the pleasure of the president. In addition to the executive departments, a number of staff organizations are grouped into the Executive Office of the President (EOP), which was created in 1939 by President Franklin D. Roosevelt. The EOP is overseen by the White House Chief of Staff. The EOP includes
10304-485: The president and confirmed by the United States Senate. The Judiciary Act of 1789 subdivided the nation jurisdictionally into judicial districts and created federal courts for each district. The three tiered structure of this act established the basic structure of the national judiciary: the Supreme Court, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress retains
10416-488: The president cited wasteful military spending and interdepartmental conflicts. Deliberations in Congress went on for months focusing heavily on the role of the military in society and the threat of granting too much military power to the executive. On July 26, 1947, Truman signed the National Security Act of 1947 , which set up a unified military command known as the National Military Establishment and created
10528-608: The president following U.S. Senate confirmation. Each of the individual Military Service Chiefs, outside their Joint Chiefs of Staff obligations, works directly for the secretary of the military department concerned: the Secretary of the Army , Secretary of the Navy , and Secretary of the Air Force . Following the Goldwater–Nichols Act in 1986, the Joint Chiefs of Staff no longer maintained operational command authority individually or collectively. The act designated
10640-474: The president has major agenda-setting powers to influence lawmaking and policymaking, and typically has a major role as the leader of their political party . The president and vice president are normally elected as running mates by the Electoral College ; each state has a number of electoral votes equal to the size of its Congressional delegation ( i.e. , its number of Representatives in
10752-559: The president on military matters. The composition of the Joint Chiefs of Staff is defined by statute and consists of the chairman of the Joint Chiefs of Staff (CJCS), vice chairman of the Joint Chiefs of Staff (VCJCS), senior enlisted advisor to the chairman (SEAC), the Military Service chiefs from the Army , Marine Corps , Navy , Air Force , and Space Force , in addition to the chief of National Guard Bureau , all appointed by
10864-478: The president or by the secretary of defense. Department of Defense Directive 5100.01 describes the organizational relationships within the department and is the foundational issuance for delineating the major functions of the department. The latest version, signed by former Secretary of Defense Robert Gates in December 2010, is the first major re-write since 1987. The Office of the Secretary of Defense ( OSD )
10976-410: The president with the advice and consent of the Senate , is by federal law ( 10 U.S.C. § 113 ) the head of the Department of Defense, "the principal assistant to the President in all matters relating to Department of Defense", and has "authority, direction, and control over the Department of Defense". Because the Constitution vests all military authority in Congress and the president,
11088-525: The president's signature, "unless the Congress by their Adjournment prevent its Return in which Case it shall not be a Law" (called a pocket veto ). A presidential veto may be overridden by a two-thirds vote in both houses of Congress; this occurs relatively infrequently. The president may be impeached by a majority in the House and removed from office by a two-thirds majority in the Senate for " treason , bribery , or other high crimes and misdemeanors ". The president may not dissolve Congress , but has
11200-630: The president. The Joint Staff (JS) is a headquarters staff at the Pentagon made up of personnel from all five services that assist the chairman and vice chairman in discharging their duties. It is managed by the Director of the Joint Staff (DJS) who is a lieutenant general or vice admiral . There are three military departments within the Department of Defense: The Military Departments are each headed by their secretary (i.e., Secretary of
11312-545: The public. As necessary, the secretary convenes meetings with the senior leadership of the Army to debate issues, provide direction, and seek advice. The secretary is a member of the Defense Acquisition Board . The secretary of the Army has several responsibilities under the Uniform Code of Military Justice , including the authority to convene general courts-martial. The Office of the Secretary of
11424-594: The sovereign powers of the federal government." The Constitution grants the president the "Power to grant Reprieves and Pardons for Offences against the United States , except in Cases of Impeachment"; this clemency power includes the power to issue absolute or conditional pardons, and to issue commute sentences , to remit fines, and to issue general amnesties . The presidential clemency power extends only to federal crimes, and not to state crimes. The president has informal powers beyond their formal powers. For example,
11536-421: The statutory authority of the secretary of defense is derived from their constitutional authority. Since it is impractical for either Congress or the president to participate in every piece of Department of Defense affairs, the secretary of defense and the secretary's subordinate officials generally exercise military authority. The Department of Defense is composed of the Office of the Secretary of Defense ( OSD ),
11648-462: The term "U.S. Government" is sometimes used. The terms "Federal" and "National" in government agency or program names generally indicate affiliation with the federal government; for instance, the Federal Bureau of Investigation , National Oceanic and Atmospheric Administration , and National Park Service . Because the seat of government is in Washington, D.C. , "Washington" is sometimes used as
11760-434: The three were removed from office following trial in the Senate. Article I, Section 2, paragraph 2 of the U.S. Constitution gives each chamber the power to "determine the rules of its proceedings". From this provision were created congressional committees , which do the work of drafting legislation and conducting congressional investigations into national matters. The 118th Congress (2023–2025) has 20 standing committees in
11872-456: The total budgetary resources for fiscal year 2010 were $ 1.2 trillion. Of these resources, $ 1.1 trillion were obligated and $ 994 billion were disbursed, with the remaining resources relating to multi-year modernization projects requiring additional time to procure. After over a decade of non-compliance , Congress has established a deadline of Fiscal year 2017 for the Department of Defense to achieve audit readiness . In 2015
11984-535: The total to over 2.91 million employees. Headquartered at the Pentagon in Arlington County, Virginia , just outside Washington, D.C. , the Department of Defense's stated mission is "to provide the military forces needed to deter war and ensure our nation's security". The Department of Defense is headed by the secretary of defense , a cabinet-level head who reports directly to the president of
12096-529: The trial courts wherein cases that are considered under the Judicial Code (Title 28, United States Code) consistent with the jurisdictional precepts of federal question jurisdiction , diversity jurisdiction, and pendent jurisdiction can be filed and decided. The district courts can also hear cases under removal jurisdiction , wherein a case brought in a state court meets the requirements for diversity jurisdiction, and one party litigant chooses to "remove"
12208-518: The vice president as routinely in the legislative branch, or succeeding to the executive branch as president, or possibly being in both as acting president pursuant to the Twenty-fifth Amendment . Because of circumstances, the overlapping nature of the duties and powers attributed to the office, the title of the office and other matters, such has generated a spirited scholarly dispute regarding attaching an exclusive branch designation to
12320-522: The vice president has the authority ( ex officio , for they are not an elected member of the Senate) to cast a tie-breaking vote . Pursuant to the Twelfth Amendment , the vice president presides over the joint session of Congress when it convenes to count the vote of the Electoral College . As first in the U.S. presidential line of succession , the vice president's duties and powers move to
12432-536: Was stripped from them in the Defense Reorganization Act of 1958 ), and instead, Military Departments are tasked solely with "the training, provision of equipment, and administration of troops." A unified combatant command is a military command composed of personnel/equipment from at least two Military Departments, which has a broad/continuing mission. These military departments are responsible for equipping and training troops to fight, while
12544-478: Was sworn in as the 25th (and current) secretary of the Army, the first woman to serve in the role. The Army senior leadership consists of two civilians; the secretary of the Army and the under secretary of the Army —and two military officers of four-star rank —the chief of staff of the United States Army and the vice chief of staff . The secretary of the Army ( 10 U.S.C. § 7013 )
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