Clauses of Control

Our Founding Fathers wrote the Constitution and the Bill of Rights to ensure elected officials controlled the military. They had lived through abuses they saw in how Parliament, Prime Minister Lord North, and King George III used the British Army to suppress dissent.

When you read the Constitution of the United States, you’ll find eight clauses that give elected officials control of the military and two amendments. They are, in order of appearance in the Constitution and as it was originally written.

Article I (Legislative), Section 8, Clause1 grants Congress the power to raise money for the common defense. Clause 1 of Section 7 of Article I states that all bills to raise revenue must originate in the House of Representatives. Together, these provisions give Congress control over the size of the defense budget, not how it is spent.

Clause 1 of Section 8, Article I gives the power to raise money for the common defense to Congress.

Clause 11 of Section 8, Article I states that Congress has the power to declare war, issue letters of marque, and establish rules for handling prizes taken by either the U.S. Navy or privateers. Although the U.S. never established a system of Admiralty courts after the Constitution was ratified, this clause gives Congress the power to do so.

Note that the U.S. has officially declared war less than a dozen times in its history, yet has gone to war many times – Korea, Vietnam, Desert Shield and Storm,  Operations Enduring Freedom, Iraqi Freedom, Praying Mantis, Midnight Hammer, and Epic Fury – under a piece of legislation called the Authorization to Use Military Force (AUMF).

In Clause 12, Section 8, Article I, Congress is restricted from authorizing defense expenditures for more than two years. Two reasons for this. One was the fear of many of our Founding Fathers of having a standing army and navy. By inserting this limit, it forced Congress to evaluate the size of our military regularly. It also took two years to build a large frigate or a ship-of-the-line. Today, with aircraft taking 10–15 years from spec to deployed asset, this restriction causes procurement issues that can contribute to fluctuations in funding.

Clause 13 of Section 8, Article I authorizes Congress to appropriate funds solely for a navy.

Clause 14 of Section 8, Article I goes one step further. Congress is assigned the role of making the rules and policies that govern our armed forces.

Clause 15 of Section 8, Article I is a powerful one. Congress can authorize or direct the commander-in-chief to deploy the militia – now the Reserves, National Guard and active-duty military – to execute the laws of the Union, suppress insurrections and repel invasions. Many presidents have used this power, beginning with George Washington.

Clause 16 of Article I, Section 8 is often overlooked. Congress is assigned the responsibility for organizing, arming, and disciplining the militia and ensuring they are properly trained. In other words, it gives Congress oversight privileges.

Many who have not served in the U.S. Military may not know that all National Guard officers are appointed by the states in accordance with the rules prescribed by Congress. Through this clause, governors are given control of the National Guard in their states, which must conform to the same standards as the active-duty military. And all officer promotions were, back then and still are, approved by Congress.

Everyone knows that Clause 1, Section 2 of Article II (Executive) appoints the president as Commander in Chief of our armed forces,, giving elected officials control of the military.

Yet, our founding fathers were not done. The Second Amendment allows the citizenry the right to bear arms and form militias. Militias have evolved into the National Guard and Reserve. Forming militias and owning firearms are two separate issues that are related only in that in the 1790s, members of the militia were required to bring their own firearms to drills.

And last, the Third Amendment prohibits the armed forces from asking citizens to house and feed members of the military unless they (a) agree to do so voluntarily and (b) the government follows the law in both the request and the requirements.

Thus, those who serve in the U.S. military do so at the pleasure of the commander in chief and obey commands and policies approved, if not established by Congress. And that is the way it should be.

Change of Command Ceremony, Navy Admirals saluting the next Secretary of the Navy, Gordon England. U.S. Navy photo by PHAN Jonathan Hutto.