American Constitutionalism and the War for Independence

Although the war for independence profoundly impacted American life throughout the founding era, historians have paid little attention to the development of governing institutions and the evolution of constitutional principles during that conflict. An empirical look at the actual conduct of the war demonstrates the degree to which American leaders were guided by traditional principles of English constitutionalism, and how they shaped institutions and military behavior to insure Army subordination to civilian political authority. Military logistics were managed with concern for rights of private property, and were moderated by state judicial or official supervision. Congress appointed a succession of committees at camp to represent it at Amy headquarters, facilitating communication between Congress and Army commanders, and providing Congress with current information about the Army. These committees were also involved in assisting with strategic planning, recommending unit reorganization, and providing advice concerning the selection, assignment, and promotion of Army officers. They also served as points of contact between the Continental Army and state and local authorities. In 1781 these committees were replaced by a single Secretary at War who assumed their coordinating and advisory duties.