Article I, Section 8, Clause 12: [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; . . .
Is joining the military a constitutional right?
For an armed force that needs its members to deploy on short notice anywhere in the world (the U.S. has 800 bases abroad, including places where medical support may be at best rudimentary) that’s a real concern. … In fact,
there has never been a constitutional right for anyone and everyone to serve in the armed forces
.
What does the Constitution say about the president’s military powers?
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the …
Does the Constitution mention a standing army?
The Constitutional Convention of 1787 in Philadelphia
provided checks on any standing army by allowing the President to command it
, but Congress to finance it using short-term legislation. Congress had the power to do this under Article I, Section 8, Clause 12, known as the Army Clause.
What does the Constitution say about defense?
Article 1, Section 8 of the Constitution instructs the Legislative Branch to “provide for the common defense and general welfare of the United States.” This week the House of Representatives upheld our Constitutional responsibility with the passage of the National Defense Authorization Act (NDAA).
Can the president declare war without Congress?
It provides that the president can send the U.S. Armed Forces into action abroad only by declaration of war by Congress, “statutory authorization,” or in case of “a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”
Is the president a member of the military?
The President does not enlist in
, and he is not inducted or drafted into, the armed forces. Nor, is he subject to court-martial or other military discipline. … It is the duty of the Commander in Chief to appoint the Secretaries of War and Navy and the Chiefs of Staff.
Can the military criticize the president?
Indicative of the military’s special status,
the Uniform Code of Military Justice prohibits military personnel from using “contemptuous speech” against the President and other leaders
, from engaging in “conduct prejudicial to good order and discipline in the Armed Forces,” and from “conduct unbecoming an officer and a …
Do military members have 1st Amendment rights?
In 1974 the U.S. Supreme Court wrote, “
While the members of the military are not excluded from the protection granted by the First Amendment
, the different character of the military community and of the military mission requires a different application of those protections.
Do military members have rights?
People often assume that military members give up many, if not all, of their Constitutional rights upon joining the military. In reality,
military members enjoy the same rights that civilians do
, if not better. Unfortunately, most military members are not aware of their rights or simply do not choose to exercise them.
Which power does the Constitution specifically deny to the federal government?
Concurrent Powers
: Constitution neither grants exclusively to the federal government nor denies to the states. Example: establish court systems, make and enforce laws, collect taxes to pay the costs of governing , and borrow and spend money.
What does Article 1 Section 8 of the Constitution say?
The
Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises
, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; 1 Taxing Power. …
What are two powers denied to Congress?
Today, there are four remaining relevant powers denied to Congress in the U.S. Constitution:
the Writ of Habeas Corpus, Bills of Attainder and Ex Post Facto Laws, Export Taxes and the Port Preference Clause
.
Did the Constitution create a military?
To some it seemed like a technicality, but on this day in 1789, President George Washington succeeded in getting the First
Congress
to recognize the U.S. Army under the terms of our new Constitution. … Congress had the power to do this under Article I, Section 8, Clause 12, known as the Army Clause.
How did the constitution strengthen citizens rights?
The Constitution strengthened the national government
by giving the national government specific powers
. With the Constitution, Congress now had the power to tax and to regulate interstate commerce. … The Constitution also created the executive and judicial branches of government.
What does promote the general welfare in the Constitution mean?
The concern of the government for the health, peace, morality, and safety of its citizens
. The preamble to the U.S. Constitution cites promotion of the general welfare as a primary reason for the creation of the Constitution. …
