Congress—Not Trump—Will Decide Whether to Create a Space Force

Michael Peck

Security, Americas

“The constitutional framework appears to contemplate that the role of establishing, organizing, regulating, and providing resources for the Armed Forces belongs to Congress, while the President is in charge of commanding the forces Congress has established using the funds Congress has provided,” CRS concluded.

President Trump wants to create the U.S. Space Force as the sixth military branch.

But that’s not Trump’s call to make, according to the Congressional Research Service. Only Congress has the authority to create a new branch of the military, according to a new CRS report.

“The constitutional framework appears to contemplate that the role of establishing, organizing, regulating, and providing resources for the Armed Forces belongs to Congress, while the President is in charge of commanding the forces Congress has established using the funds Congress has provided,” CRS concluded.

In a rather legalistic analysis, CRS examined the various legislative options for establishing the Space Force:

Make Space Force part of an existing branch. “The President could direct the service secretaries to develop new units or restructure existing units to provide greater capability and capacity to conduct space operations,” CRS said. Congress can also mandate by enacting statutes, or using its appropriations and oversight powers to encourage the White House to choose this option.

Make Space Force like the Marine Corps. “Congress could establish a separate military service focused on space operations within one of the existing military departments, in a manner similar to the way the Marine Corps exists within the Department of the Navy,” CRS noted.