POLITICAL EDUCATION, CONSERVATIVE ANALYSIS

POLITICS, SOCIETY, & THE SOVEREIGN STATE

Website of Dr. Almon Leroy Way, Jr.

Page Two

HOW AMERICA GOES TO WAR:

THE PRESIDENT, AMERICAN LAW, & U.S. MILITARY
INTERVENTION INTO FOREIGN CONFLICTS
By

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;" [Clause 11]
    "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;" [Clause 12]
    "To provide and maintain a Navy;" [Clause 13]
    "To make rules for the Government and Regulation of the land and naval Forces;" [Clause 14]
    "To provide for calling forth the Militia to execute (i.e., enforce) the Laws of the Union, suppress Insurrections and repel Invasions;" [Clause 15]
    "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;" [Clause 16]
    "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] ...." [Clause 18]

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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