Simone Lawson
The Constitution of the United States divides the federal government into three branches: legislative, executive, and judicial. This separation of powers ensures that no individual or group wields too much control. The legislative branch, or Congress, is responsible for making laws, while the executive branch, led by the President, carries out these laws and the judicial branch interprets them. The Constitution grants Congress the power to raise and regulate armies and navies, with the President acting as Commander-in-Chief of the armed forces. Military life is governed by its own laws, rules, customs, and traditions, including restrictions on personal behavior that differ from those of civilian life. The Constitution also outlines the scope of federal power in relation to state power, with the Tenth Amendment stating that powers not delegated to the federal government are reserved for the states or the people. Federalism, or the balance of power between the federal and state governments, has evolved over time, with the federal government's role expanding beyond what was envisioned by the Founding Fathers.
| Characteristics | Values |
|---|---|
| Legislative branch | Consists of the House of Representatives and the Senate |
| Makes laws | |
| Executive branch | Consists of the President |
| Commander-in-chief of the military | |
| Protect and uphold the Constitution | |
| Execute the laws | |
| Judicial branch | Consists of the Supreme Court and lower federal courts |
| Interprets the laws | |
| Each branch has checks and balances on the other branches | |
| Military | Refers to the armed forces of a state, government, or sovereign entity |
| Congress has the power to raise and support the military | |
| Congress has the power to declare war | |
| The President cannot use the military as a domestic police force | |
| Federal government | Consists of three branches: legislative, executive, and judicial |
| Has the power to dispose of and make rules and regulations respecting federal territory or property | |
| Guarantees a Republican form of government to each state |
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What You'll Learn
- The Constitution divides the federal government into three branches: legislative, executive, and judicial
- The President is the Commander in Chief of the US armed forces
- Congress has the power to raise and regulate armies and navies
- Federalism has evolved through four distinct phases in US constitutional history
- Military life is fundamentally different from civilian life
The Constitution divides the federal government into three branches: legislative, executive, and judicial
The US Constitution, ratified in 1788, outlines a federal democratic republic with a strong national government. This government is divided into three branches: the legislative, executive, and judicial.
The legislative branch, or Congress, is responsible for lawmaking in the United States. It consists of two chambers: the House of Representatives and the Senate. Members of the House of Representatives are chosen every two years by the people of the various states. Congress has the power to declare war, raise and support armies, and make all laws necessary for executing its powers. It also has exclusive control over the formation, organisation, and government of national armies.
The executive branch is headed by the President, who is the commander-in-chief of the US military. The President is responsible for faithfully executing the laws and upholding the Constitution.
The judicial branch consists of the Supreme Court and lower federal courts. It interprets the laws of the United States and has the power to review decisions of military commissions.
Each branch of the federal government has a series of checks and balances on the others, ensuring a separation of powers. This was designed to prevent too much power from being vested in a single branch, a lesson learned from the Framers' experience with the English monarchy.
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The President is the Commander in Chief of the US armed forces
The US Constitution states that the President shall be the Commander in Chief of the US armed forces, including the Army, Navy, and the militia of the several states. This role is outlined in Article II, Section 2 of the Constitution, which describes the President's responsibility for the safety and security of the nation and its citizens.
As Commander in Chief, the President has the power to employ military force, both domestically and internationally, to ensure the country's safety. This power has been used historically to address insurrection, civil war, and foreign conflicts. For example, President Clinton utilised the military to intervene in the conflict between Serbia and Kosovo, launching airstrikes with NATO allies to force Serbia to accept a peace agreement and end ethnic cleansing.
The President's authority as Commander in Chief is not without limits. The Posse Comitatus Act, passed in 1878, prohibits the use of the military in civilian law enforcement, except when expressly authorised by law. This Act upholds the core American value of preventing military interference in civilian affairs, which is further emphasised by the Insurrection Act. The Insurrection Act allows the President to deploy the military to suppress insurrection or enforce federal law, but only in response to a request from a state government or when civil rights need protecting.
The US Constitution's division of power over the military between Congress and the President is a crucial aspect of governance. While the President holds significant responsibility as Commander in Chief, Congress also plays a role in raising and maintaining the armed forces. This shared power dynamic ensures a balance in decision-making and prevents the concentration of military authority in a single entity.
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Congress has the power to raise and regulate armies and navies
The Constitution of the United States was proposed by the Framers in the summer of 1787 and ratified in 1788. It created a federal democratic republic and a strong national government. The federal government is comprised of three branches: the legislative branch (Congress), the executive branch (the President), and the judicial branch (the Supreme Court and lower federal courts).
The Constitution grants Congress the power to raise and support armies and a navy, suppress insurrections, and repel invasions. Congress's control over the formation, organization, and governance of national armies is plenary and exclusive. This includes the power to pass conscription laws, such as the Selective Service Act of 1917, which was upheld by the Supreme Court as a valid exercise of Congress's power to raise armies.
The Framers gave Congress the sole power to declare war, as they wanted the people's will to decide when to enter such a conflict. If they had given the President this power, a single person could have decided to enter the United States into a military conflict. Vesting Congress with this power allows the public to more easily hold their government accountable for going to war.
Congress also has the power to fund armies and make other decisions related to military affairs. This power to appropriate money for the military is limited by the Constitution, which states that "no appropriation of money to that use shall be for a longer term than two years." This limitation was included due to the Framers' fear of standing armies.
The President, as commander-in-chief of the U.S. military, also has certain powers related to military affairs. However, the Framers intended for there to be a separation of powers to check the President's power to wage war.
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Federalism has evolved through four distinct phases in US constitutional history
The US Constitution outlines a federal framework that attempts to balance centralised and decentralised governance, with the national government and state governments sharing power. Federalism in the US has evolved through four distinct phases:
Post-Founding Federalism
The Constitution, ratified by the people in state conventions, provided the national government with powers beyond those granted by the Articles of Confederation. This period is characterised by "Enumerated Powers Federalism", where the national government had limited powers explicitly defined by the Constitution, and states held all other powers. The national government was conceived as a servant to the states, and the role of each level of government was generally decentralised and separate.
Post-Civil War Federalism
The Civil War marked a shift in the role of the national government, which reclaimed control over currency and banking and instituted a policy of federal conscription. The Thirteenth Amendment, enacted by Republicans, eliminated the power of states to enforce slavery, but Southern states responded with Black Codes to oppress freed slaves. This led to the creation of the Fourteenth Amendment and the Civil Rights Act of 1866. The national supremacy principle introduced during this time restricted states' encroachment on national powers.
Post-New Deal Federalism
The Great Depression of the 1930s brought unprecedented economic hardship, with high unemployment, a halving of industrial output, and a significant decline in stock market assets and gross domestic product. This period saw an increase in federal regulation, with the national government taking on issues such as working conditions and labour standards. The Fair Labor Standards Act, for example, established minimum wage and maximum working hours for employees.
Rehnquist Court to the Present
The Supreme Court's role in interpreting the Constitution in disputes between the federal government and states has evolved, with the Court appearing to step back and allow political branches to resolve such disputes. The Insurrection Act is an important exception to the Posse Comitatus Act, allowing the president to deploy the military to suppress insurrections, enforce federal law, or protect civil rights in certain circumstances.
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Military life is fundamentally different from civilian life
Military life and civilian life are fundamentally different, and transitioning between the two can be challenging. Military life is highly structured, with a strict schedule, routine, and chain of command. Each member of the military knows their rank and associated responsibilities and authority, and orders are expected to be followed without question. In contrast, civilian life offers more flexibility and autonomy, with less rigid hierarchies. While some civilians may still adhere to schedules and routines, especially in professional settings, they generally have more freedom to manage their time and make personal choices.
One of the most significant differences between military and civilian life is the concept of job security. In the military, personnel have contracts that guarantee employment for a specific period, along with regular pay and benefits. Career progression is often more straightforward and merit-based, with promotions following a clear set of rules and requirements. On the other hand, in civilian life, job security is typically lower, and career progression may be less defined and more dependent on individual performance and organisational structures.
Another key difference lies in healthcare provisions. Military personnel and their families receive comprehensive healthcare coverage through military hospitals and clinics, often at no cost. This centralised system is designed to meet the unique needs of service members, including physical therapy, mental health services, and rehabilitation for injuries sustained during service. In contrast, civilians typically obtain healthcare through their employers, and the level of coverage and out-of-pocket costs can vary widely. Navigating different providers and insurers can be complex for those transitioning from the military's straightforward healthcare system.
The transition from military to civilian life can also impact relationships and social connections. Returning to civilian life often involves reconnecting with family and friends and finding one's place in their established lives. Making plans, setting roles, and making new friends may be challenging at first. Additionally, military training may not always align with the skills required in the civilian workforce, requiring individuals to adapt their leadership and team management skills to fit civilian job requirements.
Financial management is another aspect that differs between military and civilian life. In the military, individuals receive financial assistance with housing, education, healthcare, and savings. In contrast, civilians need to carefully plan their finances, especially when transitioning from military life, as they may not be familiar with all the expenses that come with civilian life, such as housing and education costs.
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Frequently asked questions
The Constitution of the United States divides the federal government into three branches: legislative, executive, and judicial. This separation of powers ensures that no individual or group will have too much power.
The legislative branch is made up of Congress (the Senate and House of Representatives) and special agencies and offices that provide support services to Congress. The executive branch includes the President, who is the head of state, leader of the federal government, and Commander in Chief of the armed forces, as well as the Vice President and other advisors, executive departments, independent agencies, and other boards and committees. The judicial branch includes the Supreme Court and other federal courts.
The Constitution grants Congress the power to raise and regulate armies and navies, as well as to classify and conscript manpower for military service. It also recognises that military life is fundamentally different from civilian life due to its unique conditions, laws, rules, customs, and traditions.
