Isabella Carter
The US Constitution does address the issue of a standing army, with the power to raise and support armies being given to Congress. 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. This was done to prevent a standing army, which was a concern during the Revolutionary War, and to ensure that the power to raise and maintain armies was not in the hands of a single individual. The US has had a standing army for a long time, albeit with a much smaller number of members than today.
| Characteristics | Values |
|---|---|
| Founding Fathers' stance on a standing army | Opposed |
| Number of states that sanctioned compulsory military service during the Revolutionary War | 9 |
| Year the U.S. Army was officially created | 1789 |
| Number of members in the standing federal army at its creation | 800 |
| Expected number of active duty personnel in the U.S. Army in 2018 | 450,000 |
| Year(s) of Attorney General decisions on the topic | 1904, 1948 |
| Year of the Selective Service Act | 1917 |
| Year of the Selective Draft Law Cases | 1918 |
| Year of Butler v. Perry | 1916 |
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What You'll Learn
- The US Constitution grants Congress the power to raise and support armies
- The US Army was officially recognised in 1789
- The US Army has expanded significantly since its inception
- The US Constitution limits funding for the army to a maximum of two years
- Compulsory military service has been a contentious issue
The US Constitution grants Congress the power to raise and support armies
> "The Congress shall have Power To ... raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years."
This clause was included in the Constitution to address concerns about the potential dangers of a standing army. The framers of the Constitution were aware of the historical abuses of power by the English king, who had the authority to initiate wars and maintain armies without the consent of Parliament. To prevent similar abuses, the framers vested the power to raise and support armies in Congress, with the additional limitation that appropriations for the army could not exceed a period of two years.
The power to raise and support armies has been interpreted and exercised by Congress throughout US history. For example, during the Revolutionary War, at least nine states sanctioned compulsory military service. In 1863, a compulsory draft law was adopted without being challenged in the federal courts. However, the Selective Service Act of 1917 was attacked on several grounds, including that it deprived states of their right to a "well-regulated militia" and imposed involuntary servitude in violation of the Thirteenth Amendment. The Supreme Court rejected these contentions, affirming Congress's paramount power to raise and support armies.
The interpretation of the clause has also been a subject of debate. In 1904, Solicitor-General Hoyt ruled that the clause's limitation on appropriations referred specifically to the raising and supporting of armies and did not extend to appropriations for military operations or common defence. This interpretation was upheld by Attorney General Clark in 1948.
The US Constitution's grant of power to Congress to raise and support armies has been a significant factor in shaping US military policy and addressing concerns about standing armies. It continues to be a relevant topic of discussion and interpretation in modern times.
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The US Army was officially recognised in 1789
The US Constitution does address the issue of a standing army, with the power to raise and support armies delegated to Congress. However, there is a two-year limit on appropriations for the army: "raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years". This was included due to a fear of standing armies, with the intention that the power to maintain a standing army would lie with Congress and not the executive.
The recognition of the US Army in 1789 was largely seen as a technicality, but it was an important step in establishing the country's military under the new Constitution. President George Washington had been pushing for this recognition, and on the final day of the First Congress on September 29, 1789, he insisted that lawmakers pass an Act clarifying the Army's role.
The US Army has since undergone numerous transformations and expansions, especially during times of war, such as the Mexican-American War in 1846-1848, when the army expanded from 6,000 to over 115,000 troops.
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The US Army has expanded significantly since its inception
The US Army has indeed expanded significantly since its inception. The military history of the United States dates back to 1607, over two centuries before the nation's founding. In 1775, the Continental Congress established the Continental Army, Continental Navy, and Continental Marines, joining the war for independence from Britain in the Revolutionary War. General George Washington commanded the Continental Army and proved to be an excellent organiser and administrator.
In the early 1800s, as the US expanded westward, the Army also grew. The Seminole Wars in Florida (1814-1819, 1835-1842, and 1855-1858) and the war with Mexico (1846-1848) saw the use of regular and volunteer units. By 1863, a compulsory draft law was adopted, and 2.2 million men served in the Union Army during this period.
The US Army continued to expand in the 20th century, especially during World War II. In 1939, the Army's strength was estimated to be between 174,000 and 200,000 soldiers, but by 1941, millions of Americans had joined various Army operations after the US entered World War II. The US Army played a central role in the liberation of Europe and the defeat of Nazi Germany.
During the Cold War, the US maintained a large standing army, and the Vietnam War marked a low point in the Army's record due to the extensive use of drafted enlisted personnel and restrictions placed by political leaders. The draft became unpopular, and President Nixon ended it in 1973, leading the Army to rely on volunteers.
In recent years, the US Army has continued to modernise and adapt. In 2018, the Army introduced the Combat Fitness Test, and the Brigade Modernization project was completed by 2017. The US Army remains an essential component of the US Armed Forces, which also includes the Marine Corps, Navy, Air Force, and Space Force, all under the Department of Defense.
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The US Constitution limits funding for the army to a maximum of two years
The US Constitution does address the issue of a standing army, and it includes a clause that limits funding for the army to a maximum of two years. This clause, known as the Army Clause, is found in Article I, Section 8, Clause 12, and states:
> "The Congress shall have Power To ... raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years."
This limitation was included by the framers of the Constitution due to their fear of standing armies and their awareness of the potential detriment of such armies to the liberties and well-being of citizens. The English Declaration of Rights of 1688, which stated that standing armies could not be maintained without the consent of Parliament, also influenced this decision.
The Army Clause gives Congress the authority to raise and support armies, but it restricts the appropriation of money for this purpose to a maximum of two years. This was intended to provide checks and balances on the power of the federal government and the President regarding the military.
However, the interpretation and application of this clause have been subject to debate and legal analysis. In 1904, Solicitor-General Hoyt ruled that the clause only limited direct appropriations for raising and supporting armies, and did not extend to appropriations for military operations or common defense. This interpretation was supported by Attorney General Clark in 1948. Nonetheless, the clause highlights the framers' intention to limit the power of the federal government regarding the maintenance of a standing army and to ensure that such power rests with Congress, which can be held accountable through short-term legislation.
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Compulsory military service has been a contentious issue
The US Constitution does address the issue of a standing army, with the power to raise and support armies given to Congress. The constitution states that no money can be appropriated for this use for longer than two years. This was included due to a fear of standing armies. However, this clause has been interpreted in different ways, with some arguing that it only limits direct pay for soldiers, and not appropriations for military operations.
In the United States, the constitutions adopted during the Revolutionary War by at least nine of the states sanctioned compulsory military service. Towards the end of the War of 1812, James Monroe, then Secretary of War, proposed conscription for men, but peace came before the bill could be enacted. In 1863, a compulsory draft law was adopted without being challenged in the federal courts. However, the Selective Service Act of 1917 was attacked on several grounds, including that it imposed involuntary servitude in violation of the Thirteenth Amendment.
Compulsory military service is currently in place in several democratic countries, including Austria, Brazil, Denmark, Finland, Germany, Israel, Mexico, Norway, Russia, South Korea, Sweden, Switzerland, and Turkey. Service is typically for 18-year-olds and lasts between one and three years, with different roles available such as combat, intelligence, and logistics.
Proponents of compulsory service argue that it increases military strength, strengthens the character of youth, and increases the collective conscience of a nation. However, critics argue that it is an inefficient use of resources, diverting time and attention from more important matters. Additionally, some argue that requiring citizens to give something to their country before the rights of citizenship are extended goes against the grain of US history and traditions, which encourage voluntary service.
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Frequently asked questions
Yes, the US Constitution does address a standing army. Article I, Section 8, Clause 12, known as the Army Clause, states that "The Congress shall have Power To... raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years." This clause was included to address fears of a standing army and limit the amount of time that money could be appropriated for this purpose.
Congress has the power to raise and support the US Army, including providing financing through short-term legislation. This power is outlined in Article I, Section 8 of the Constitution, which states that "The Congress shall have Power To... raise and support Armies."
The President has the power to command the US Army and can call up state militias under certain circumstances. This is also addressed in Article I, Section 8 of the Constitution, which is known as the Commander-in-Chief Clause.
There have been legal challenges to various practices within the US Army, such as court-martial trials of servicemen for non-military offenses, but there does not appear to have been any direct challenges to the Army's existence. The closest example may be the Selective Service Act of 1917, which was attacked on several grounds, including deprivation of states' rights to a well-regulated militia and imposition of involuntary servitude in violation of the Thirteenth Amendment. However, the Supreme Court rejected these contentions.
The size of the US Army has varied throughout history. For example, during the Revolutionary War, the Continental Army worked with state militias and had around 700 men. In more recent times, the standing federal Army had about 800 members, including officers, and was expected to have around 450,000 active-duty personnel in 2018, its smallest number since 1940.
