Also known as: armies · armed forces · military
Written by attorneys · grounded in primary & secondary sources — see below
A permanent military establishment maintained by a nation for ground combat operations. Congress holds enumerated authority to raise and support such forces for a term not exceeding two years while the President serves as commander in chief.
Andrew Avery, a defense contractor, seeks payment under a statute authorizing new ground troop equipment. Congress passed the measure under its power to raise and support armies for national defense needs. The court upholds the funding because the appropriation directly implements the constitutional grant.
Amber Alonzo, an alien held by army forces as an enemy combatant, petitions for habeas review. The military commission denied release without allowing contest of detention authority or new exculpatory evidence. The court requires a meaningful substitute process because categorical denial of review violates constitutional limits.
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Audrey Ashton, an army general, receives orders from the President directing troop movements abroad. The directive invokes the commander in chief power over the army and navy. Courts decline to interfere because the action falls within the President's constitutional role.
Ava Adebayo, a civilian contractor, faces charges in a military court martial after martial law is declared. Civilian courts remain open and functioning. The court dismisses the proceeding because Congress lacks authority to subject civilians to military trial under these conditions.
Anita Ali stages a peaceful picket on public land near an army funeral to express views on military policy. The signs cause emotional distress to the family. The court bars tort liability because speech on public concern near a military event receives First Amendment protection absent additional unprotected conduct.
Alan Ackerman challenges a federal gun ban near a school as exceeding commerce authority. The statute lacks a sufficient tie to enumerated powers such as raising armies. The court strikes the law because Congress may not regulate purely local activity under the guise of defense or commerce powers.
Article I Section 8 grants Congress the power to raise and support armies provided no appropriation lasts longer than two years. This authority stands separate from the power to provide and maintain a navy.
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Article II Section 2 designates the President as commander in chief of the army. This authority permits direction of military forces once Congress has raised them but does not extend to creating or funding the army itself.
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No. Congress lacks authority to subject American civilians to military court martial when civilian courts remain open and functioning even during declared martial law.
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Speech on matters of public concern near a military funeral receives First Amendment protection. Peaceful non-disruptive picketing on public land cannot support tort liability for intentional infliction of emotional distress absent additional unprotected conduct.
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…intimacy remained a crime in many States. Gays and lesbians were prohibited from most government employment, barred from military service, excluded under immigration laws, targeted by police, and burdened in the exercise of their rights to associate. See Brief for Organization of American Historians as Amicus…