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On the beginning of the military provisions of the Constitution of the United States

Author: FangMingZhai
Tutor: DengLianFan
School: Central South University
Course: Constitutional and Administrative Law
Keywords: Constitution of the U.S.A military affairs separation of power check-and-balance of power civilian control of the military
CLC: DD911
Type: Master's thesis
Year: 2008
Downloads: 91
Quote: 0
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Abstract


The military provisions of the American Constitution refer to the provisions relating to military affairs in the Constitution of the USA, which mainly include: article 1(8)(9)(10), article 2(2)(3)(4) and the amendment 2,3,5,14. The military provisions are a key component of the Constitution of the USA. It is the core of American military law system and plays an important role in the development of American constitutional history. It also has a great influence on other countries. The military provisions in the Constitution of USA don’t grow all of a sudden. They have a profound British background and are the result of American practice. On the whole, the military provisions in the Constitution of the USA vividly reflect the constitutional spirit and the human wisdom. They clearly reflect the principle of military power separation, military power check-and-balance, and civilian control of military. Meanwhile, the military provisions in the Constitution of USA basically fit the reality and keep evolving according to the evolution of practice. So they still enjoy a vigorous life. However, the military provisions of the Constitution of the USA are not perfect. They also meet some challenges in the practice. For example, the Congress and the President have had many conflicts concerning military power. The expansion and arrogation of the President in military commanding result in or worsen some disasters like the War in Vietnam.

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