Isabella Carter
The U.S. Constitution gives Congress the power to raise and support armies, as stated in Article I, Section 8. This power acts as a check on the president's authority as commander-in-chief, ensuring that the decision to wage war involves both the legislative and executive branches. The Framers of the Constitution, cautious of granting the president excessive control over the military, also included a limitation that no appropriation of money for the army shall be for a longer term than two years. The Supreme Court has upheld the constitutional validity of conscription acts, rejecting arguments that they violate states' rights to maintain militias or the Thirteenth Amendment's protection against involuntary servitude.
| Characteristics | Values |
|---|---|
| Who has the power to raise an army? | Congress |
| Who has the power to declare war? | Congress |
| Who has the responsibility to fund the army? | Congress |
| Who has the power to veto the military budget? | The President |
| Who has the power to maintain a militia? | The States |
| Who has the power to call forth the militia? | Congress |
| Who has the power to classify and conscript manpower for military service? | Congress |
| Who has the power to approve a military budget for the Department of Defense? | Congress |
| Who has the power to authorize a president's military action? | Congress |
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What You'll Learn
Congress has the power to raise armies
The U.S. Constitution gives Congress the power to raise armies and the responsibility to fund them. This is outlined in Article I, Section 8 of the Constitution, 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 Framers were cautious of granting the president excessive control over the military, so they allocated certain war powers to Congress. These powers include the ability to declare war, raise armies, and fund armies. By giving Congress the sole power to declare war, the Framers ensured that the decision to enter a military conflict would be made by a group of elected officials rather than a single individual. This allows the public to more easily hold their government accountable for going to war.
Throughout history, there have been conflicts between the legislative and executive branches regarding the scope of their respective powers. While Congress has the power to raise armies, the president can veto the military budget, just as they can with any other legislation. Additionally, Congress has authorized military action by the president in some cases, and in others, they have provided a different type of authorization (joint congressional resolutions) that did not amount to a formal declaration of war but had a similar effect.
The Supreme Court has upheld Congress's power to raise and regulate armies and navies. In United States v. O'Brien, the Court stated that "the power of Congress to classify and conscript manpower for military service is 'beyond question.'" The Court has also held that the powers of the states with respect to militias are subordinate to the federal government's power to raise and support armies.
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Congress must approve the military budget
The U.S. Constitution gives Congress the power to raise armies and the responsibility to fund them. The Constitution's framers gave Congress the power to declare war and raise armies to ensure that the legislature had checks on the president's ability to wage war as commander-in-chief. By vesting these powers in Congress, the framers wanted the people's will to decide when to enter a conflict.
Congress's power to raise and fund armies is an essential check on the president's commander-in-chief powers. Congress approves a military budget for the Department of Defense every year. The president can veto the budget, like any other legislation. However, the framers were cautious of granting Congress unlimited powers to raise and maintain armies, and thus, included limitations in the Constitution. One such limitation is that "no appropriation of money to that use shall be for a longer term than two years."
The Supreme Court has upheld Congress's broad constitutional power to raise and regulate armies and navies. In United States v. O'Brien, the Court, speaking through Chief Justice Warren, stated that "the power of Congress to classify and conscript manpower for military service is 'beyond question.'" The Court has also held that the powers of the states with respect to militias are exercised in subordination to the paramount power of the National Government to raise and support armies.
Throughout history, conflicts have arisen between the legislative and executive branches regarding the scope of their respective powers. For example, towards the end of the War of 1812, then-Secretary of War James Monroe proposed conscription for the army, but peace came before the bill could be enacted. More recently, in 1904, Solicitor-General Hoyt ruled that the Constitution's two-year limitation on appropriations for the army did not extend to appropriations for various means used in military operations or deemed necessary for common defense.
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The president can veto the military budget
The U.S. Constitution gives Congress the power to raise and support armies, and the responsibility to fund them. This is a check on the president's powers as commander-in-chief. Congress approves a military budget for the Department of Defense every year, and the president can veto this budget, as with any other legislation.
The president's ability to veto the military budget has been a source of conflict between the legislative and executive branches. The Line Item Veto Act of 1996 was an attempt to give the president more control over how funds allocated by Congress are spent. The Act allowed the president to cancel any dollar amount of discretionary budget authority, any item of new direct spending, or any limited tax benefit signed into law. However, it was struck down by the Supreme Court in Clinton v. City of New York.
The Constitution’s Article I, Section 9 grants Congress the power of the purse to approve spending in the federal budget in the Appropriations Clause. The Constitution then delegates to the president the task of spending approved funds in the Take Care Clause, which requires the chief executive to "take Care that the Laws be faithfully executed". The process by which the president withholds or delays spending on programs authorized by Congress is called impoundment, and it has been controversial at times, as it can put the executive and legislative branches in conflict.
The Supreme Court has upheld Congress's "broad constitutional power" to raise and regulate armies and navies. This includes the power to classify and conscript manpower for military service. The Court has also upheld the constitutional validity of conscription acts, such as the Selective Service Act of 1917, which was challenged on the grounds that it violated states' rights to maintain militias and the Thirteenth Amendment's protection against involuntary servitude.
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Congress can declare war
The U.S. Constitution grants Congress the power to declare war and raise armies. Article I, Section 8 of the Constitution outlines Congress's powers, including the ability to declare war and raise and support armies. This allocation of power serves as a check on the president's authority as commander-in-chief of the military, ensuring that the decision to go to war involves the legislature.
The Framers of the Constitution intentionally gave Congress the sole authority to declare war, a power previously held by the English King. They wanted to ensure that the decision to enter a conflict rested with the representatives of the people rather than a single individual. By vesting this power in Congress, the Framers made it more difficult for the United States to enter into wars, requiring a broader consensus.
Congress has the responsibility to fund the military and pass military budgets for the Department of Defense. This funding is typically limited to a term of no longer than two years, as outlined in the Constitution. However, there have been debates and challenges regarding conscription and the states' rights to maintain militias.
Throughout history, there have been conflicts between the legislative and executive branches regarding their respective war powers. While Congress has the power to declare war, the president can authorize military action and use joint congressional resolutions to achieve similar effects without formal declarations. Since the American Revolution, the United States has engaged in numerous military operations, but Congress has issued only a handful of formal war declarations, the last of which was in 1942.
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Congress can call on militias
The U.S. Constitution grants Congress the power to raise and support armies, as well as the responsibility to fund them. This power is outlined in Article I, Section 8 of the Constitution, which enumerates Congress's powers, including the ability to declare war. The Framers of the Constitution intentionally gave these powers to Congress rather than the President to ensure a system of checks and balances on the President's ability to wage war as commander-in-chief.
The Constitution also addresses the role of militias, which are distinct from the Army. The Supreme Court has upheld that states' rights to maintain militias are subordinate to the federal government's power to raise and maintain armies. Congress has the authority to call forth militias for three specified purposes, which do not include service abroad. This distinction between Congress's power over militias and its power to raise armies was highlighted in the Selective Service Act of 1917, which expanded the military through conscription.
The Framers of the Constitution were cautious of granting the President excessive control over the military, having witnessed the English King's power to initiate war and maintain armies without the consent of Parliament. As such, they vested the power to declare war and raise armies in Congress, where senators and representatives from each state could more easily be held accountable by the public.
Throughout history, there have been conflicts between the legislative and executive branches regarding their respective powers. While Congress has the authority to raise armies, it has not issued a formal declaration of war since 1942. In more recent times, Congress has authorized military action by the President or passed joint congressional resolutions that have the same effect as a formal declaration of war.
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Frequently asked questions
Article I, Section 8 of the US Constitution 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 Framers inserted the limitation that "no appropriation of money to that use shall be for a longer term than two years."
