Isabella Carter
The Constitution of the United States grants Congress and the President shared power over the military. The Constitution's framers, wary of standing armies, limited funding for their use to two-year terms. The Articles of Confederation, ratified in 1781, allowed the raising of troops for the common defence of the United States and permitted individual states to declare war under certain conditions. The Continental Congress formed the Revolutionary War version of the Army under President George Washington in 1775. On September 29, 1789, President Washington urged the First Congress to pass an Act clarifying the Army's role under the new Constitution, which recognised the U.S. Army.
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What You'll Learn
- The Continental Congress formed the first US Army in 1775
- The Articles of Confederation allowed individual states to declare war
- The US Constitution recognises the US Army
- The Posse Comitatus Act prevents military interference in civilian law enforcement
- The US Constitution divides power over the military between Congress and the President
The Continental Congress formed the first US Army in 1775
The Continental Congress formed the first US Army, known as the Continental Army, on June 14, 1775. The Continental Congress was the governing body that coordinated the resistance of the American colonial governments to British rule during the first two years of the American Revolution.
The Continental Army was formed by a resolution passed by the Second Continental Congress, meeting in Philadelphia, after the outbreak of the war at the Battles of Lexington and Concord on April 19, 1775. The Continental Army was made up of soldiers from all the Thirteen Colonies and, after 1776, from all 13 states. The army was created to coordinate the military efforts of the colonies in the war against the British, who were seeking to maintain control over the American colonies.
General George Washington was appointed commander-in-chief of the Continental Army and maintained this position throughout the war. The Continental Army was supplemented by local militias and volunteer troops loyal to individual states or otherwise independent. The Continental Congress decided that an army was needed in the conflict with Great Britain, and Washington had been pushing for its recognition.
The Continental Army of 1776 was reorganised after the initial enlistment period of the soldiers in the 1775 army had expired. Washington submitted recommendations to the Continental Congress almost immediately after accepting the position of commander-in-chief. The 1776 army consisted of 36 regiments, most standardised to a single battalion of 768 men strong, formed into eight companies, with a rank-and-file strength of 640.
The Continental Congress, as the de facto national government, also assumed the role of negotiating diplomatic agreements with foreign nations.
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The Articles of Confederation allowed individual states to declare war
The Articles of Confederation, which served as the first constitution of the United States, established a weak central government that allowed individual states to retain considerable power. While the Articles did establish the ability to raise troops for the common defence of the United States, they also allowed individual states to declare war under certain conditions. For instance, a state could engage in war without the consent of Congress if it was invaded by enemies, or if it received intelligence about a resolution by Native American nations to invade. Additionally, states could grant commissions to vessels of war or letters of marque or reprisal in response to imminent danger or piracy.
The Articles of Confederation were adopted by the Continental Congress in 1777, following the Declaration of Independence, as a temporary measure until a more formal proposal for a national government could be established. However, disputes over territory, war pensions, taxation, and trade threatened to tear the young nation apart. The central government, lacking the power to regulate commerce, levy taxes, or set commercial policy, was generally impotent in settling disputes between states.
In 1787, the Constitutional Convention assembled in Philadelphia to revise the Articles of Confederation. After months of highly charged debate, the new Constitution was signed, replacing the Articles of Confederation as the governing document of the United States. This Constitution established the U.S. Army and clarified its role, addressing the limitations of the previous Articles that pertained to the military.
The new Constitution centralised power, granting the federal government exclusive authority over foreign affairs and war. It empowered Congress to "provide for the common Defence and general Welfare of the United States" and to "declare War." This shift in power dynamics between the federal government and the states reflected the recognition of the need for a coordinated military effort in the event of conflict.
In conclusion, while the Articles of Confederation allowed individual states to declare war under specific circumstances, the subsequent Constitution centralised military decision-making, recognising the importance of a unified national military strategy.
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The US Constitution recognises the US Army
The US Constitution does recognise the US Army, but this recognition was not immediate. On 29 September 1789, the final day of the First Congress, President Washington insisted that the lawmakers pass an Act clarifying the Army's role under the new Constitution. In a letter to Congress, he reminded them that legislation was needed to replace the outdated part of the Articles that pertained to the military.
The Articles of Confederation, which were ratified in 1781, established the ability to raise troops for the common defence of the United States. However, the Continental Army was greatly scaled back, and there were concerns about the need for a standing army outside of times of war. The framers of the Constitution inserted a limitation that "no appropriation of money to that use shall be for a longer term than two years". This was to prevent the fear of standing armies.
The US Constitution divides power over the military between Congress and the President. The Posse Comitatus Act, for example, bars federal troops from participating in civilian law enforcement except when expressly authorised by law. This Act embodies the American tradition that military interference in civilian affairs is a threat to democracy and personal liberty. The Act also prevents the President from using the military as a domestic police force.
The US Constitution also provides for the court-martial of servicemen, as upheld by the Court in O'Callahan v. Parker. The Court stressed the special status of military society, which is governed by a separate military code.
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The Posse Comitatus Act prevents military interference in civilian law enforcement
The US Constitution has undergone several amendments and clarifications regarding the military's role in civilian law enforcement. The Articles of Confederation, ratified in 1781, allowed individual states to raise troops for defence and declare war under specific conditions. However, concerns about maintaining a standing army outside of wartime led to limitations on military appropriations.
The Posse Comitatus Act, enacted in 1878, further solidified the division between the military and civilian law enforcement. The Act bars federal troops from participating in civilian law enforcement unless expressly authorised by law. The term "posse comitatus" refers to a group of people mobilised by a sheriff to enforce the law, typically seen in classic Western films. The Act prohibits the use of soldiers as a posse comitatus, ensuring that the military does not interfere in civilian affairs, which is considered a core American value.
While the Posse Comitatus Act initially applied only to the US Army, amendments in subsequent years expanded its scope to include the Air Force, Navy, Marine Corps, and Space Force. However, certain exceptions exist, such as the Coast Guard, which has explicit law enforcement authority and is not bound by the Act. Additionally, the Act does not restrict the Army or Air National Guard under state authority from enforcing laws within their home state or adjacent states if invited by the governor.
The Act upholds the constitutional division of power over the military between Congress and the President. It reinforces the guarantees of the Third, Fourth, Fifth, and Sixth Amendments, addressing abuses committed by the British Army against American colonists. While the President can use the military to suppress rebellions and enforce federal civil rights laws, the Posse Comitatus Act ensures that military involvement in domestic law enforcement remains limited and subject to statutory authorisation.
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The US Constitution divides power over the military between Congress and the President
The President, as Commander-in-Chief, has the authority to use military force in certain situations, such as to suppress rebellions and enforce federal civil rights laws. The Posse Comitatus Act, enacted in the late 19th century, prohibits the use of the military as a domestic police force, unless expressly authorized by law. This Act embodies the American value of preventing military interference in civilian affairs, which was a reaction to abuses committed by the British Army against American colonists.
The Supreme Court has ruled on several cases involving the military, such as O'Callahan v. Parker, where it held that court-martial jurisdiction did not extend to crimes that were not "service-connected". The Court has also upheld the special status of military society, acknowledging that constitutional limitations apply to military justice but that standards of constitutional guarantees differ between the military and civilian life.
While the Posse Comitatus Act generally prevents the President from using the military in civilian law enforcement, there have been exceptions claimed by the Department of Defense. They argue that the Constitution gives military commanders "emergency authority" to use federal troops to address "large-scale, unexpected civil disturbances" when prior authorization by the President is not possible. Additionally, the District of Columbia National Guard is always under presidential control, presenting another loophole in the Posse Comitatus Act.
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Frequently asked questions
Yes, the Constitution, which was adopted in 1789, outlines the power to raise and maintain armed forces. The Articles of Confederation, which were ratified in 1781, established the ability to raise troops for the common defense of the United States.
The Constitution divides power over the military between Congress and the President. The Posse Comitatus Act bars federal troops from participating in civilian law enforcement except when expressly authorized by law.
The Department of Defense has claimed that the Constitution gives military commanders "emergency authority" to use federal troops to "quell large-scale, unexpected civil disturbances." This was seen in 2020 and 2021, where dangerous gaps in the Posse Comitatus Act were revealed.
