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Article I, Section 8, Clause 14

 Article I, Section 8, Clause 14

The United States Congress, not the State of New Jersey, holds the power to make rules for the government and regulation of the land and naval forces. This power is granted to Congress under Article I, Section 8, Clause 14 of the Constitution. New Jersey, as a state, does not have this authority. 

Article I, Section 8, Clause 14 of the US Constitution grants Congress the power to "make Rules for the Government and Regulation of the land and naval Forces." This includes the authority to govern and regulate the military, including setting rules for their conduct, care, and treatment, and the establishment of courts-martial for both military personnel and, in certain cases, civilians and dependents. 
Key points about Article I, Section 8, Clause 14:

  • Power to Govern and Regulate:
    Congress has the authority to establish rules for the government and regulation of the land and naval forces, essentially giving them control over the internal affairs of the military. 
  • Care of Armed Forces:
    This clause also includes provisions for the care of the armed forces, ensuring their well-being and welfare. 
  • Courts-Martial:
    The clause grants Congress the power to establish courts-martial for the trial and punishment of military personnel, as well as, in certain circumstances, civilians and dependents. 
  • Broad Discretion:
    The Supreme Court has recognized that the military is a specialized society with a distinct set of rules and regulations, and Congress has broad discretion in prescribing rules for the governance of the military. 
  • Examples:
    This clause allows Congress to legislate on matters like training, personnel, and the criminal code of the militar


The Preamble to the United States Constitution begins with the phrase "We the People." It outlines the reasons for the establishment of the Constitution, including forming a more perfect Union, establishing justice, insuring domestic tranquility, providing for the common defense, promoting the general welfare, and securing the blessings of liberty. The Preamble concludes with the statement, "do ordain and establish this Constitution for the United States of America,". 
The full text of the Preamble is:

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