Omar Bennett
The US Constitution gives Congress the power to raise armies and the responsibility to fund them. This is outlined in Article I, Section 8, which enumerates Congress's powers, including the ability to declare war and raise armies. The Framers of the Constitution gave these powers to Congress to ensure that the legislature had checks on the president's ability to wage war as commander-in-chief of the military. The Supreme Court has upheld the constitutional validity of the act, specifically noting Congress's broad constitutional power to raise and regulate armies.
| Characteristics | Values |
|---|---|
| Who has the power to raise an army? | Congress |
| Who has the responsibility to fund the army? | Congress |
| Who has the authority to call on militias? | Congress |
| Who has the power to declare war? | Congress |
| Who has the authority to conduct military operations once a war begins? | The President |
| Who has the power to classify and conscript manpower for military service? | Congress |
| Who has the power to regulate armies and navies? | Congress |
| What is the maximum length of time for an appropriation of money for raising an army? | 2 years |
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What You'll Learn
Congress has the power to raise and support armies
The US Constitution gives Congress the power to raise and support armies. This power is derived from Article I, Section 8 of the Constitution, which enumerates Congress's powers regarding war and the military. The specific clause granting Congress the authority to raise and support armies is Clause 12, which 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 power to raise and support armies is an essential check on the president's commander-in-chief powers. While the president has the authority to conduct military operations once a war has been declared, Congress is responsible for declaring war and funding the military. Congress approves the military budget for the Department of Defense each year, and this funding is subject to the two-year limitation on appropriations for the military use. This limitation was included in the Constitution due to the Framers' fear of standing armies and the potential for abuse of power.
Congress also has the power to make rules for the government and regulation of the armed forces. This includes establishing a system of military justice with its own laws, courts, procedures, and appeals processes. Additionally, Congress has the authority to classify and conscript manpower for military service, as upheld by the Supreme Court in cases such as United States v. O'Brien. The power to raise and support armies is not limited by the states' rights to maintain a well-regulated militia, as ruled by the Supreme Court in the Selective Draft Law Cases.
In summary, Congress has broad constitutional power to raise and support armies under the US Constitution. This power includes the ability to declare war, fund the military, make rules for the governance and regulation of the armed forces, and conscript manpower. These powers act as checks and balances on the president's war powers and ensure that the will of the governed plays a role in any war effort.
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Congress must approve the military budget
The US Constitution grants Congress the power to raise and support armies. This power is derived from Article I, which outlines the legislative powers of Congress. Specifically, Clause 12 of Section 8 grants Congress the authority to "raise and support Armies," while also stipulating that "no Appropriation of Money to that Use shall be for a longer Term than two Years." This limitation was included to address the framers' fear of standing armies.
Congress's authority to raise and support armies has been reaffirmed by the Supreme Court, which has recognized Congress's "broad constitutional power" in this area. In the Selective Draft Law Cases, the Court upheld the constitutional validity of conscription and the power of Congress to classify and conscript manpower for military service.
When it comes to the military budget, Congress plays a crucial role in approving and allocating funds. The Department of Defense (DoD) is a significant component of federal spending, and its budget is subject to congressional approval. Congress has the authority to appropriate funds annually for the military budget, which falls under discretionary budget authority. This means that Congress can influence the allocation of resources and set spending priorities for the military.
The process of approving the military budget involves several steps. First, the President submits a budget request to Congress, outlining the proposed spending for the military. This request includes allocations for different military departments, such as the Army, Navy, Air Force, and Space Force. The budget request may also include increases or decreases in funding compared to the previous fiscal year's budget.
Once the budget request is received, Congress deliberates and makes adjustments as it sees fit. This includes considering the priorities and needs of the military while also balancing the overall federal budget. Committees within Congress, such as the House Appropriations Committee, play a crucial role in reviewing and approving defense appropriations bills. These committees may make changes, reject certain items, or include additional provisions before giving their approval.
After congressional approval, the defense budget is enacted, and the allocated funds are utilized to support military personnel, acquire new technology and weapons, maintain operational readiness, and fulfill other defense-related objectives.
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The president can veto the military budget
The US Constitution grants Congress the power to raise and support armies. This power is derived from Article I, Clause 12, which states that Congress has the authority to "raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years." This clause addresses the concern of standing armies and aims to prevent the concentration of military power in the federal government.
While Congress holds the power to appropriate funds for the military, the President also has a significant role in the budget process. The President can influence the budget through their annual budget request, which traditionally initiates the annual budget process. Additionally, the President is tasked with executing the approved budget, and they have a degree of discretion in how the funds are spent.
However, the President does not have the explicit power to veto the military budget directly. The power to approve spending in the federal budget lies with Congress, as stated in Article I, Section 9 of the Constitution, also known as the Appropriations Clause. This clause specifies that "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law."
Despite not having a direct veto power, presidents have employed various strategies to influence or impede spending. One such strategy is "impoundment," where the President withholds or delays spending on programs authorized by Congress. This practice has been utilized by multiple presidents, including Donald Trump and Richard Nixon, and has often led to conflicts between the executive and legislative branches.
To address the tension between the President's discretion and Congress's power of the purse, the Line Item Veto Act of 1996 was introduced. This act authorized the President to cancel specific items within a larger appropriations bill, such as discretionary budget authority or new direct spending. However, the Supreme Court ultimately struck down the line-item veto in a 6-3 decision in Clinton v. City of New York.
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The Supreme Court has upheld the constitutional validity of conscription
The Supreme Court has repeatedly upheld the constitutional validity of conscription. In the Selective Draft Law Cases, the Court upheld the power of Congress to classify and conscript manpower for military service, stating that this power is "beyond question." This power has been deemed distinct from Congress's authority to call upon state militias, and not limited by it.
In United States v. O'Brien, the Supreme Court upheld a statute prohibiting the destruction of selective service registration certificates. The Court, speaking through Chief Justice Warren, affirmed the constitutional validity of conscription by stating that "the power of Congress to classify and conscript manpower for military service is 'beyond question'."
In Rostker v. Goldberg, the Supreme Court considered the constitutionality of male-only conscription registration. The Court upheld Congress's decision to register only men, concluding that registering women would be a "gesture of superficial equality" as women were ineligible for every position to be filled in the draft.
The Supreme Court has also addressed challenges to conscription based on the Thirteenth Amendment, which prohibits involuntary servitude. In Selective Draft Law Cases and in response to the Selective Service Act of 1917, the Court rejected the argument that the compulsory draft imposed involuntary servitude in violation of the Thirteenth Amendment.
Additionally, the Supreme Court has considered the constitutionality of conscription during peacetime. While the Court has formally declined to pass on this question, its opinions indicate no doubt about the constitutional validity of conscription acts.
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The federal government's power to raise armies supersedes states' rights to maintain militias
The US Constitution grants Congress the power to "raise and support Armies". However, this power is limited by the clause that "no appropriation of money to that use shall be for a longer term than two years". This limitation was included due to fears of standing armies. The Supreme Court has upheld Congress's broad constitutional power to raise and regulate armies, ruling that the power is "beyond question".
While the Constitution also recognises the power of state governments to maintain militias, this power is subordinate to the federal government's authority. The National Defense Act of 1916 brought the militia, previously an almost purely state institution, under the control of the National Government. The Militia Act of 1903 defines the term "militia" as two classes: the organised militia, consisting of the National Guard and Naval Militia, and the unorganised militia, comprising able-bodied men aged 17 to 45 who are not members of the National Guard or Naval Militia.
The Second Amendment, which originally applied only to the federal government, has been interpreted as protecting the right of individuals to keep and bear arms, rather than the right of states to maintain a militia. The Supreme Court has rejected the interpretation that the Privileges or Immunities Clause of the Fourteenth Amendment protects the right of individuals to keep and bear arms from infringement by the states.
While concerns have been raised about the potential for the federal government to abuse its power and infringe on the rights of citizens, the federal government's authority to raise armies is a necessary component of effective governance and national defence.
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Frequently asked questions
The US Constitution gives Congress the power to raise armies and the responsibility to fund them.
The Framers of the Constitution gave these powers to Congress to ensure that the legislature had several checks on the president's ability to wage war as commander-in-chief of the military.
The US Constitution states that "no appropriation of money to that use shall be for a longer term than two years."
