
The United States Constitution, which was signed in 1787, mentions a 'Navy and Militias' and 'an Army' in Article 2, Section 2, which outlines the powers of the executive branch. The US Army was legally formalized in 1789, two years after the signing of the Constitution, when Congress passed an act to establish a national army. The Continental Army, which was formed in 1775, was an older variant of the army that existed before the US Constitution was signed. The Continental Congress and the Articles of Confederation, which were ratified in 1781, also played a role in shaping the military before the Constitution.
| Characteristics | Values |
|---|---|
| Date the US Army was created | 29 September 1789 |
| Number of Congress members and senators who passed the Act | 100 |
| Number of members in the standing federal Army | 800 |
| Number of members in the Continental Army | 700 |
| Year the term "Continental Army" was first used | 1775 |
| Year the US Constitution was ratified | 1788 |
| Year the US Constitution was signed | 1787 |
| Year the Articles of Confederation were ratified | 1781 |
| Year the Articles of Confederation were signed | 1777 |
| Year the Posse Comitatus Act was signed | 1878 |
| Year the Selective Service Act was passed | 1917 |
| Year the US entered World War I | 1917 |
| Year the US Army's size was at its smallest since 1940 | 2018 |
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What You'll Learn
- The Continental Army was formed in 1775, before the US Constitution was signed
- The Articles of Confederation, ratified in 1781, allowed individual states to declare war
- The US Constitution was ratified in 1788 and signed in 1789
- The US Army was created in 1789, under the US Constitution
- The US Constitution mentions the Army and Navy of the United States

The Continental Army was formed in 1775, before the US Constitution was signed
The United States Constitution, which was ratified in 1788, makes several references to war and the military. It mentions a ""Navy and [militias]," and the "Army of the United States" is mentioned once in Article 2, Section 2, which outlines the powers of the executive branch. However, the Continental Army, the first version of the US Army, was formed before the US Constitution was signed.
The term "Continental Army" was first used in 1775, and on June 14 of that year, the Continental Congress officially created the Continental Army. This was done in response to the growing need for unity and defence in the conflict with Great Britain. The Continental Army worked alongside state militias in the fight for independence.
The Articles of Confederation, ratified in 1781, gave the government the authority to raise troops for the defence of the United States and allowed individual states to declare war under specific conditions. However, the Articles of Confederation were ineffective in establishing a strong military force due to the power dynamic between the states and the federal government.
It wasn't until 1789, after the US Constitution was ratified, that the First Congress, under President George Washington, passed an act to legally recognise the US Army under the Constitution. This act, titled "An Act to recognise and adapt to the Constitution of the United States, the establishment of the troops raised under the resolves of the United States in Congress assembled and for other purposes," formalised the existence of a national army.
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The Articles of Confederation, ratified in 1781, allowed individual states to declare war
The United States Constitution, which gave Congress the power to raise and support armies, was ratified in 1789. Before this, the Articles of Confederation, ratified in 1781, served as the United States' first constitution. The Articles of Confederation established the ability to raise troops for the common defence of the United States, but it also allowed individual states to declare war under certain conditions.
The Articles of Confederation, ratified on March 1, 1781, were the result of the work of the Second Continental Congress, which debated the document between July 1776 and November 1777. The Articles were finalised and adopted by the Continental Congress on November 15, 1777, but they did not come into force until all 13 states had ratified them, which occurred on March 1, 1781, with the assent of Maryland. This document served as the United States' first constitution and established a weak confederal government, with the states retaining sovereignty over many governmental functions.
The Articles of Confederation included a preamble, thirteen articles, a conclusion, and a signatory section. While the Articles allowed the states to retain significant power, the central government struggled to regulate commerce, levy taxes, and support a war effort. The Articles also provided for the raising of troops for the common defence of the United States, but they allowed individual states to declare war under certain conditions. This meant that states could work with their militias to fight for independence, as they had done during the Revolutionary War.
However, the Articles of Confederation were ultimately replaced by the present-day Constitution in 1789. As the First Congress entered its final day on September 29, 1789, President Washington insisted that the lawmakers pass an Act clarifying the Army's role under the new Constitution. This led to the recognition of the U.S. Army under the terms of the new Constitution, marking a shift in the balance of power between the states and the federal government regarding military affairs.
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The US Constitution was ratified in 1788 and signed in 1789
The US Constitution was ratified in 1788 and signed into law in 1789. The Constitution grants Congress the power to "raise and support Armies", but there is a limitation that "no appropriation of money to that use shall be for a longer term than two years". This was included due to fears of standing armies.
The US Army was created in 1789 when the First Congress passed an act to legally formalize a national army. This act was passed on the final day of the First Congress, September 29, 1789, and was approved by President George Washington. This act is considered the birth of the modern US Army, though there were older variants of the army under the Continental Congress and the Articles of Confederation. The Articles of Confederation, which were 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 Army was formed on June 14, 1775, by the Continental Congress, who deemed it necessary for the conflict with Great Britain. This army worked with state militias in the fight for independence. The term "Continental Army" was used as early as June 3, 1775, though no such organization formally existed at the time. The Articles of Confederation, which were 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.
In 1784, Congress resolved to create a peacetime Regular Army of 700 men, also known as the First American Regiment, for the purpose of "securing and protecting the northwestern frontiers". However, this military proved ineffective due to the states having more power than the federal government. The failure of this army and the federal government to suppress rural uprisings, such as Shays' Rebellion, led to the calling of a new constitutional convention.
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The US Army was created in 1789, under the US Constitution
On September 29, 1789, President George Washington pushed the First Congress to pass an Act recognizing the US Army under the terms of the new Constitution. This act, titled "An Act to recognize and adapt to the constitution of the United States, the establishment of the troops raised under the resolves of the United States in Congress assembled and for other purposes," legally formalized a national army. This moment is considered the birth of the modern US Army, though there were older variants under the Continental Congress and the Articles of Confederation.
The Articles of Confederation, ratified in 1781, established the ability to raise troops for the common defense of the United States and allowed individual states to declare war under certain conditions. The Articles also led to the creation of the Continental Army in 1775, which fought for independence alongside state militias. However, the Articles were ineffective in establishing a strong military force, as states had more power than the federal government.
The US Constitution of 1787 addressed these issues by granting Congress the power to "raise and support Armies" and provide and maintain a Navy." It also included a limitation that "no appropriation of money to that use shall be for a longer term than two years," addressing fears of standing armies. This limitation was further reinforced by the Posse Comitatus Act of 1878, which restricted the use of federal military personnel in enforcing domestic policies within the United States.
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The US Constitution mentions the Army and Navy of the United States
The US Constitution, which was ratified in 1788 and came into force in 1789, makes a single reference to the "Army and Navy of the United States". This reference appears in Article 2, Section 2, which outlines the powers of the executive branch, stating:
> "The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States."
This clause establishes the President's role as the supreme commander of the nation's armed forces, which include the Army and the Navy. While the Constitution mentions the Army, it does not explicitly create or establish it. Instead, it recognises the existence of an army and outlines the President's authority over it.
Prior to the ratification of the Constitution, various forms of military forces existed in the colonies and, later, the independent states. During the Revolutionary War, the term "Continental Army" came into use as early as June 3, 1775, referring to colonial militias that united in the fight for independence from Britain. On June 14, 1775, the Continental Congress officially formed the Continental Army, which worked alongside state militias. After the war, the Articles of Confederation, America's first constitution, established a peacetime Regular Army of 700 men for the defence of the nation's newly acquired northwestern frontiers. However, this military structure was ineffective due to the limited power of the federal government relative to the states.
The concerns about the military's effectiveness and the fear of a standing army assuming dictatorial control led to the creation of the US Constitution and the establishment of a stronger federal government. On September 29, 1789, Congress passed an act that legally formalised a national army under the new Constitution, marking the birth of the modern US Army. This act clarified the Army's role and affirmed the President's position as Commander-in-Chief.
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Frequently asked questions
Yes and no. The US Constitution of 1787, which is still followed today, legally formalized a national army. However, there were older variants of the army under the Continental Congress and the Articles of Confederation. The term Continental Army was used as early as June 3, 1775, and on June 14, 1775, Congress created the Continental Army.
The Continental Army was formed under President George Washington on June 14, 1775, as the Continental Congress decided it was needed in the conflict with Great Britain. The army worked with state militias in the fight for independence.
The Constitution gave Congress the power "to raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years." It also states that "The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States."

























