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31 Judge Advoc. J. 1 (1961)

handle is hein.journals/jajrnl33 and id is 1 raw text is: THE FEDERAL LEGISLATIVE PROCESS
By Colonel James K. Gaynor *

The President of the United States
is the commander-in-chief,l but the
military services are dependent upon
the Congress for their existence, for
the rules and regulations by which
they are governed, and for the money
necessary to maintain them.2
Most of the larger agencies of the
executive branch of the Government
have legislative offices to assist the
President in  performing the duty
given him   by the Constitution of
recommending to the Congress such
measures as he shall judge neces-
sary and expedient. 3  The Secre-
tary of Defense has an assistant for
Legislative Affairs, the Army and the
Air Force have Legislative Liaison
offices, and the Navy has a Legisla-
tive Affairs office.
The Congress enacts many propos-
als each session which in one way or
another affect the military services.
The process by which such proposals
become public laws generally is known

to all lawyers. The details of the
process may not be so well known
except to those lawyers who act as
legislative counsel, or a part of the
legislative branch  of the Govern-
ment. However, every military law-
yer should have more than a passing
knowledge of the federal legislative
That the Congress of the United
States should consist of two houses
was the result of a compromise.
Most of the colonial legislatures were
two-house bodies with a small cham-
ber representing the Crown and a
larger one selected by the people.
The Congress established by the Arti-
cles of Confederation was merely a
gathering of delegates of the states,
with voting by states.4 When the con-
vention called to revise and strength-
en the Articles of Confederation de-
termined to overhaul completely the
governmental structure, there were

* B.S., J.D., Indiana University; LL.M., S.J.D., The George Washington
University; Colonel, JAGC-USA; member of the Indiana bar; Chief of the
Legislative Division, Office of the Chief of Legislative Liaison, Office of the
Secretary of the Army, July 1957 to September 1960. All statements and
opinions in this article are those of the author and do not necessarily reflect
the official position of the Department of Defense.
I U. S. Const., Art. II, § 2.
2 Id., Art. I, § 8.
3 Id., Art. II, § 3. Cf. Nobleman, The Delegation of Presidential Functions,
307 Annals of the American Academy of Political and Social Science 134'
4 Articles of Confederation, Art. V.

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