Eleanor Finch
The US Constitution's army clause gives Congress the authority to raise and support armies. This sparked a nationwide debate, with some arguing that the clause only allows Congress to appropriate funds for a period of no longer than two years. The First Congress officially recognized the US Army under the new Constitution in 1789, with President George Washington advocating for an Act clarifying the Army's role. The Constitution's impact on the military has been a topic of discussion and interpretation since its inception, with the Supreme Court also weighing in on related matters.
| Characteristics | Values |
|---|---|
| Does the U.S. Constitution allow for a national army? | Yes, the U.S. Constitution does allow for a national army. |
| Who has the authority to raise and support the army? | The U.S. Congress has the authority to raise and support the army. |
| What is the maximum term for which funds can be appropriated to raise and support an army? | Funds can be appropriated for a maximum term of two years. |
| Can this term be extended? | Yes, by continually voting to keep forces under arms. |
| What was the size of the first U.S. Army? | The first U.S. Army consisted of 700 men. |
| When was the U.S. Army officially created? | September 29, 1789. |
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What You'll Learn
The US Constitution's 'army clause'
The US Constitution's Army Clause, also known as the "army clause", has been a subject of debate and interpretation since its inception. The clause gives Congress the authority to "raise and support armies" and appropriate funds for this purpose for a period of up to two years. This provision was included in the Constitution to address the fear of standing armies and to ensure that the power to raise and maintain armed forces was designated to a specific department within the federal government rather than the states.
The inclusion of the Army Clause in the US Constitution sparked a nationwide debate, pitting tradition against innovation and federalism against nationalism. The Federalists defended the clause, arguing that it was necessary for the common defence and ensuring domestic tranquility. On the other hand, anti-Federalists, influenced by the colonial opposition to British policies after the French and Indian War, and intensified by incidents like the Boston Massacre, opposed the idea of a standing army. They argued that the clause should be improved by setting a limit on the number of troops allowed in peace and war, with additional troops raised by state legislatures only with the approval of a "special majority" in Congress.
The interpretation and implementation of the Army Clause have evolved over time. Initially, there were concerns about the need for a standing army outside of times of war, and the clause was interpreted to allow for biennial funding for the military. However, as the United States faced external and internal threats, the need for a larger and more permanent military force became apparent. This led to the adoption of compulsory draft laws, such as the Selective Service Act of 1917, which was challenged on the grounds of violating the states' right to "a well-regulated militia" and imposing involuntary servitude. The Supreme Court, however, upheld the Act.
The Army Clause continues to shape the way the United States approaches national defence and the role of the military in society. While the specific number of troops and the duration of their service may vary depending on the political and social climate, the clause provides a framework for ensuring the country's defence while maintaining a balance of power between the federal government and the states.
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Congress's authority to raise and support armies
The US Constitution's "Army Clause" gives Congress the authority to raise and support armies. This clause sparked a nationwide debate, with critics arguing that it contradicted the long-held anti-standing army sentiment in early America. The Federal Farmer, for instance, suggested setting a limit on the number of troops allowed in peace and war, with additional troops raised by state legislatures only with the express intent of a "special majority" of Congress.
However, supporters of the Army Clause, like Hamilton, argued that it was necessary to reduce the influence of "dangerous rivals to the power of the Union," or the states. Hamilton believed that the constitutional objectives of providing for the common defense and ensuring domestic tranquility could not be achieved without diminishing the power of the states.
Despite the controversy, the First Congress, on its final day on September 29, 1789, passed an Act recognising the US Army under the new Constitution. This was largely due to the insistence of President George Washington, who had written to Congress twice, reminding them of the need to replace the outdated military provisions of the Articles of Confederation.
It is important to note that the Army Clause includes a limitation on the appropriation of funds for the army, stating that "no appropriation of money to that use shall be for a longer term than two years." This was intended to address fears of standing armies, but interpretations of this provision vary, with some arguing for biennial renewals of appropriations and others questioning the practicality of such an arrangement.
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The Revolutionary War and the Continental Army
The Continental Army was formed on June 14, 1775, by the Second Continental Congress, which met in present-day Independence Hall in Philadelphia. The Continental Army was created to coordinate the military efforts of the colonies in the war against the British, who sought to maintain control over the American colonies. The Continental Army represented the Thirteen Colonies and later the United States during the American Revolutionary War.
General George Washington was appointed commander-in-chief of the Continental Army and maintained this position throughout the war. Washington assumed command of the army in a field in Cambridge, Massachusetts, the following month, in July 1775. He served as commanding general for the entire war without a salary, only being reimbursed for his expenses. The Continental Army reflected the diversity of the colonies, with soldiers from all 13 colonies, including native-born and immigrant soldiers of various nationalities, as well as free and enslaved African-Americans. Several women also disguised themselves as men to fight in the Continental Army. The army accepted volunteers as young as 16, and even younger with parental permission. Over 230,000 soldiers served in the Continental Army during the American Revolution, although no more than 48,000 served at any one time.
The Continental Army was supplemented by local militias and volunteer troops that were either loyal to individual states or otherwise independent. The Continental Army of 1775, the first iteration of the army, was organized by Washington into three divisions, six brigades, and 38 regiments. The Continental Army evolved throughout the war, routinely reorganizing its units and ultimately seeking and obtaining support from France, which sought to counter British influence in North America.
The Continental Army fought numerous skirmishes, minor engagements, and over a dozen major battles against British and Hessian forces between 1775 and 1783. Important victories include Saratoga, Trenton, Cowpens, and Yorktown. During the war, as many as 8,000 soldiers were killed in battle, with twice that number dying from illness or starvation, and approximately 25,000 wounded. Nearly 30% of the army was killed, wounded, or captured. The Continental Army was disbanded in 1783 after the Treaty of Paris formally ended the war.
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The Articles of Confederation
In May 1787, the Constitutional Convention assembled in Philadelphia to revise the Articles of Confederation, and by mid-June, the delegates had decided to completely redesign the government. After three months of highly charged debate, the new Constitution was signed, which remains in effect today.
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The First Congress and the U.S. Army
The First Congress, which took place in 1789, was the first national meeting of lawmakers under the new US Constitution. On the final day of the First Congress, 29 September 1789, President George Washington insisted that the lawmakers pass an Act clarifying the Army's role under the new Constitution.
The first version of the US Army was formed under President Washington on 14 June 1775 as the Continental Army. This army worked with state militias in the fight for independence from Great Britain. The Articles of Confederation, ratified in 1781, established the ability to raise troops for the common defence of the United States. However, the Continental Army was disbanded after the Revolutionary War, reflecting a republican distrust of standing armies.
The First Congress, in its final session, passed an Act for the ""Establishment of the Troops",", which also allowed the President to call upon state militias in certain circumstances. This Act also required a loyalty oath to the Constitution by anyone in service. At the time, the standing federal Army had about 800 members, including officers. The US Army has its roots in the Continental Army and considers itself a continuation of that armed force.
The Constitutional Convention of 1787 in Philadelphia provided checks on any standing army by allowing the President to command it and Congress to finance it using short-term legislation. The Constitution grants Congress the power to ""raise and support Armies",", but with the limitation that "no appropriation of money to that use shall be for a longer term than two years". This limitation was prompted by a fear of standing armies.
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Frequently asked questions
The US Constitution's "'army clause'" allowed Congress to raise and support armies with biennial funds. However, there was extensive disagreement about the practice of court-martial trials of servicemen for non-military offences.
On September 29, 1789, President George Washington insisted that the lawmakers pass an Act clarifying the Army's role under the new Constitution.
The Continental Congress formed the Continental Army on June 14, 1775, to fight with state militias for independence from Great Britain. The Articles of Confederation, ratified in 1781, established the ability to raise troops for the common defence of the United States.
