c liberties. Upon the revolution of 1688, Parliament wisely
insisted upon a bill of rights, which should furnish an adequate
security for the future. But how was this done? Not by prohibiting
standing armies altogether in time of peace; but (as has been already
seen) by prohibiting them _without the consent of Parliament_. This is
the very proposition contained in the Constitution; for Congress can
alone raise armies; and may put them down, whenever they choose."[1228]

THE TIME LIMIT ON APPROPRIATIONS FOR THE ARMY

Prompted by the fear of standing armies to which Story alluded, the
framers inserted the limitation that "no appropriation of money to that
use shall be for a longer term than two years." In 1904 the question
arose whether this provision would be violated if the Government
contracted to pay a royalty for use of a patent in constructing guns and
other equipment where the payments were likely to continue for more than
two years. Solicitor-General Hoyt ruled that such a contract would be
lawful; that the appropriations limited by the Constitution "are those
only which are to raise and support armies in the strict sense of the
word 'support,' and that the inhibition of that clause does not extend
to appropriations for the various means which an army may use in
military operations, or which are deemed necessary for the common
defense, * * *"[1229] Relying on this earlier opinion, Attorney
General Clark ruled in 1948 that there was "no legal objection to a
request to the Congress to appropriate funds to the Air Force for the
procurement of aircraft and aeronautical equipment to remain available
until expended."[1230]

ESTABLISHMENT OF THE AIR FORCE

By the National Security Act of 1947[1231] there was established within
the National Military Establishment "an executive department to be known
as the Department of the Air Force" which was made coordinate with the
Departments of the Army and the Navy. Shortly after the passage of this
Act a Joint Resolution was offered in the House of Representatives,
proposing an amendment to the Constitution whereby Congress would be
authorized to "provide and maintain an Air Force and to make rules for
the government and regulation thereof," and the President would be
designated as Commander in Chief of the Air Force.[1232] Apparently in
the belief that the broad sweep of the war power warranted the creation
of the Air Force, without a constitutional amendment, Congress too