A Constitutional Basis for Defense By Jim Talent Those who have not done so recently would benefit from studying what the United States Constitution says about the federal government’s responsibility to provide for the common defense. Most Americans had to memorize the preamble to the Constitution when they were children, so they are aware that one of the purposes of the document was to “provide for the common defense.” But they are not aware of the extent to which the document shows the Founders’ concern for national security. Providing for the Common Defense In brief, the Constitution says three things about the responsibility of the federal government for the national defense. National defense is the priority job of the national government. Article One, Section Eight of the Constitution lists 17 separate powers that are granted to the Congress. Six of those powers deal exclusively with the national defense—far more than any other specific area of governance—and grant the full range of authorities necessary for establishing the defense of the nation as it was then understood. Congress is given specific authority to declare war, raise and support armies, provide for a navy, establish the rules for the operation of American military forces, organize and arm the militias of the states, and specify the conditions for converting the militias into national service. Article Two establishes the President as the government’s chief executive officer. Much of that Article relates to the method for choosing the President and sets forth the general executive powers of his office, such as the appointment and veto powers. The only substantive function of government specifically assigned to the President relates to national security and foreign policy, and the first such responsibility granted him is authority to command the military; he is the “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.” National defense is the only mandatory function of the national government. Most of the powers granted to Congress are permissive in nature. Congress is given certain authorities but not required by the Constitution to exercise them. For example, Article One, Section Eight gives Congress power to pass a bankruptcy code, but Congress actually did not enact bankruptcy laws until well into the 19th century. But the Constitution does require the federal government to protect the nation. Article Four, Section Four states that the “United States shall guarantee to every State a republican form of government and shall protect each of them against invasion.” In other words, even if the federal government chose to exercise no other power, it must, under the Constitution, provide for the common defense. heritage.org/research/reports/2010/06/a-constitutional-basis-for-defense
Posted on: Tue, 12 Nov 2013 13:11:16 +0000
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