Constitutional 'Did you know's?'

Things That Are Not In the Constitution

Have you ever heard someone say: "That's my constitutional right!" or "That's unconstitutional!" and wondered if they were right? You'd be surprised how often people get it wrong. You might also be surprised how often people get it right. The best defense against misinformation has always been to be informed and when it comes to the constitution your best argument is the constitution. 

In the coming weeks ACN will be offering a regular series on what the constitution says about hot topics that are commonly used in debates. From the right to privacy and the right to vote to God there are quite a few topics that have been left out of the constitution.  

The Air Force

The Constitution was ratified in 1787, long before the advent of the airplane. In Article 1, Section 8 it provides specifically for a navy and an army. Though the framers were aware of lighter than air flying craft they could not have reasonably provided an Air Force. In addition to having no provision about the Air Force there is nothing pertaining to the other uniformed forces, the Marines and the Coast Guard. The Marines however, as an arm of the Navy, could be excepted; and the Constitution does provide for "naval forces", and the Coast Guard could thus be excepted. How then do we except the Air Force? The first way is via common sense — the Framers certainly did not intend to preclude the use of new technology in the U.S. military, and because of the varied roles of the Air Force, it makes sense for it to be a separate branch. The second (and less desirable) way is historical — the Air Force originated as the Army Air Corps, an arm of the Army, similar to the Navy/Marine relationship. Basically unless your interpretation of the Constitution freezes in 1789, the Air Force is a perfectly constitutional branch of the U.S. Military.