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This Day in Legal History: Congress Creates the U.S. Army

On September 29, 1789—the very last day of the First Congress’s inaugural session—the House and Senate passed the act that formally established the United States Army under the new Constitution. President Washington had pressed hard for it, reminding Congress that the militia provisions inherited from the Articles of Confederation were inadequate and that the nation needed a standing military establishment placed on a proper constitutional footing.

The legal significance lies less in the creation of a fighting force than in how that…

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