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1 G. N. Lieber, Constitutional Uses of the Military Forces of the United States 1 (1898)

handle is hein.milegres/cslussotemy0001 and id is 1 raw text is: Constitutional Uses of the Military Forces of the
United States.
The subject may be considered under the following heads
1. Constitutional Provisions.
II. Statutes.
IIL. The fosse Conitatus.
IV. Powers springing directly from the character of a national
military establishment.
V. Duties of military officers when called upon to aid the civil
VI. War Powers.
I. The constitutional provisions relate to the armies and the mil-
itia.  The word armies, in Art. I, Sec. VIII, Cl. 12, includes the
Regular Army and the Volunteers, but not the I ilitia.  These constitu-
tional provisions are
a.-The power of Congress to declare war.  War m ay be national or
foreign. Under this clause Congress has authority to take measures for
the suppression of Rebellion.
The power to declare war includes the right to make war, and ex-
tends to legislation necessary in the prosecution of war. It has been held
to include the right of seizing and confiscating the property of enemies;
the right of imposing conditions upon commercial intercourse with the
enemy; of emancipating slaves: of suspending the statute of limitations;
of providing for the government of occupied hostile territory; of making
treasury notes legal tender for public and private debts, &c.
b.-'IThe power of Congress to raise and support armies, subject to
the condition that no appropriation of money for such purpose shall be
for a longer term than two years.
To raise and support includes to educate, commission, enlist, draft.
feed, clothe, equip, transport, and pay.  The control of the United
States over these subjects is plenary and exclusive.  Congress can deter-
mine, without any question from State authority, how the armies
shall be raised, whether by voluntary enlistment or forced draft; the ages
of soldiers; the period of service; compensation, &c.
c.-The power of Congress to make rules for the government and reg-
ulation of the land forces. Here again the Militia is not included,
because the same power with reference to them is given in another clause.
d.-The clause which provides that the IPresident shall be commander-
in-chief of the army, and of the militia when called into the actual ser-
vice of the United States.
e.-The guarantee by the United States to each State of a republican
form of government; protection against invasion; and, (on application of
10he legislature of a state, or the executive when the legislature cannot be
conveined,) against domes/ic violence.
liy republican form of government is meant one which is not moi-
arch ical or aristocratic.
This clause is of the nature of a covenant on the part of the  United
,tates, in their corporate capacity; and it has been made a question

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