POLITICAL EDUCATION, CONSERVATIVE ANALYSIS
POLITICS, SOCIETY, & THE SOVEREIGN STATE
Website of Dr. Almon Leroy Way, Jr.
HOW AMERICA GOES TO WAR:
THE PRESIDENT, AMERICAN LAW, & U.S. MILITARY
INTERVENTION INTO FOREIGN CONFLICTS
Almon Leroy Way, Jr.
B. CONSTITUTIONAL ALLOCATION OF THE WAR POWERS
Article I, Section 8, Clause 1, of the U.S. Constitution grants to Congress the power to "lay and collect Taxes" (and, by implication, appropriate money from the U.S. Treasury) in order to "provide for the Common Defense ... of the United States." In the same article and section, Clauses 11-16 and 18 delegate to Congress the following powers:
"To declare War, grant letters of Marque and Reprisal, and
make rules concerning Captures on Land and Water;"
"To raise and support Armies (including, by implication, an
Air Force), but no Appropriation of Money to that Use
Shall be for a longer period than two Years;"
"To provide and maintain a Navy;"
"To make rules for the Government and Regulation of the land
and naval Forces;"
"To provide for calling forth the Militia to execute (i.e.,
enforce) the Laws of the Union, suppress Insurrections
and repel Invasions;"
"To provide for organizing, arming, and disciplining the
Militia, and for governing such Part of them as may be
employed in the Service of the United States, reserving
to the States respectively, the Appointment of the Of-
ficers, and the Authority of training the Militia ac-
cording to the discipline prescribed by Congress;"
"To make all Laws which shall be necessary and proper for
carrying into Execution the foregoing [war] powers [of
Congress] ... and [those war powers] "vested by this
Constitution in [the President] ...."
Arguments for congressional control of commitment of the nation's military forces to foreign hostilities are based on the enumerated delegations of power to Congress contained in the foregoing clauses of Article I, Section.
Those who favor the President's control of America's military commitments abroad rest their case on Article II, Section 2, Clause 1, of the Constitution:
"The President shall be Commander in Chief of the Army and
Navy"--and, by implication, any other military forces
(including the Air Force) "of the United States, and of
the Militia of the several States, when called into the
actual Service of the United States;"
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