I. List of Relevant Constitutional Provisions
Below is a list of major constitutional provisions relating to military and national security law. For a more complete list, see Chapter 1 of Charles A. Shanor & L. Lynn Hogue, National Security and Military Law (3d ed. 2003)
Powers of Congress
U.S. Const. art. I, § 8 gives Congress the power "To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; To raise and support armies . . . To make rules for the government and regulation of the land and naval forces; To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions; [and] To provide for organizing, arming, and disciplining, the militia . . . ."
Powers of the President
U.S. Const. art. II, § 2 makes the President the Commander-in-Chief of the armed forces and gives him the power to make treaties with the advice and consent of the Senate.
U.S. Const. art. III, § 3 provides that "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession in open court."