# Disband the military?

**URL:** <https://boards.straightdope.com/t/disband-the-military/189336>\
**Category:** Factual Questions\
**Created:** [July 18, 2003, 5:26am UTC](https://boards.straightdope.com/t/disband-the-military/189336 "2003-07-18T05:26:53Z")\
**Posts on this page:** 6\
**Page:** 1

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**Author:** ![Major\_Kong](https://avatars.discourse-cdn.com/v4/letter/m/b9bd4f/32.png) [@Major\_Kong](https://boards.straightdope.com/u/Major_Kong)\
**Post date:** [July 18, 2003, 5:26am UTC](https://boards.straightdope.com/t/disband-the-military/189336/1 "2003-07-18T05:26:53Z")

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Can the President of the USA disband the entire military if he wants?

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**Author:** ![Brutus](https://avatars.discourse-cdn.com/v4/letter/b/91b2a8/32.png) [@Brutus](https://boards.straightdope.com/u/Brutus)\
**Post date:** [July 18, 2003, 5:43am UTC](https://boards.straightdope.com/t/disband-the-military/189336/2 "2003-07-18T05:43:31Z")

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That would take an act of Congress, I believe. The President is Commander-in-Chief, but Congress controls the actual forming and funding of our armed forces.

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**Author:** ![HPL](https://avatars.discourse-cdn.com/v4/letter/h/3da27b/32.png) [@HPL](https://boards.straightdope.com/u/HPL)\
**Post date:** [July 18, 2003, 6:48am UTC](https://boards.straightdope.com/t/disband-the-military/189336/3 "2003-07-18T06:48:50Z")

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Likely any attempt to do so unilaterly would result in the president’s near-instant impeachment, unless he was very quick at taking it back.

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**Author:** ![Cardinal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cardinal/32/4000_2.png) [@Cardinal](https://boards.straightdope.com/u/Cardinal)\
**Post date:** [July 18, 2003, 7:34am UTC](https://boards.straightdope.com/t/disband-the-military/189336/4 "2003-07-18T07:34:09Z")

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Presidents can be impeached if the HoR thinks they brok the law. It’s a formal indictment, with the Senate as the jury. So, are you sure that disbanding the military is against the law?

I think the OP’s point is, does the President in fact have the legal right to do this?

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**Author:** ![Publius](https://avatars.discourse-cdn.com/v4/letter/p/c57346/32.png) [@Publius](https://boards.straightdope.com/u/Publius)\
**Post date:** [July 18, 2003, 7:45am UTC](https://boards.straightdope.com/t/disband-the-military/189336/5 "2003-07-18T07:45:01Z")

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According to [Article I, Section 8](http://www.law.cornell.edu/constitution/constitution.articlei.html#section8) of the Constitution of the United States, the powers of Congress include the powers

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> To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;  
> To provide and maintain a navy;  
> To make rules for the government and regulation of the land and naval forces;

which implies that such a decision would rest with Congress.

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**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\
**Post date:** [July 18, 2003, 7:50am UTC](https://boards.straightdope.com/t/disband-the-military/189336/6 "2003-07-18T07:50:54Z")

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[Title 5, Part I, Chapter 9](http://www4.law.cornell.edu/uscode/5/pIch9.html), of the United States Code prohibits the President from abolishing an executive agency or department without an act of Congress. [Title 10, Subtitle A, Part I, Chapter 2, Sec. 111](http://www4.law.cornell.edu/uscode/10/111.html) says,

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> The Department of Defense is an executive department of the United States.