Standing Armies - how they work and how they are formed out of militias only according to the constitution.

Forming an army is a law of the Union. Article I, Section 8, Clause 12 gives Congress power “To raise and support Armies.” That is a law – a statutory authorization. But here’s the constitutional chain that matters for this thread:

Only laws “made in Pursuance” of the Constitution are supreme (Article VI, Clause 2). So an army can only be raised pursuant to a constitutional grant – which is Clause 12.

But Clause 12 does not create a separate, permanent army. It authorizes Congress to fund temporary land forces, drawn from the Militia, for limited periods (two years max). There is no standing army outside the Militia.

More importantly: who executes the law that forms an army? Article I, Section 8, Clause 15 says the Militia – and only the Militia – is called forth to “execute the Laws of the Union.” That includes the law forming an army. So even the army, once raised, is composed of Militia members and is commanded only after Congress calls them forth.

The President cannot execute the law of forming an army on his own. He has no constitutional power to “call forth” anything without Congress. His Commander in Chief authority (Article II, Section 2) only activates after Congress has called the Militia into federal service. No call, no army – no matter what law Congress has passed.