To provide for the common defense, as opposed to merely a state-based defense, the Constitution contains what came to be known as the Compact Clause: "No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay" (Article I: 10:3) This established a fundamental difference between the defensive capabilities of state governments and the federal governments. Although state governments may have national guards today, all military activities are fundamentally under the direction of the federal government, and no state can enter into a treaty with a foreign power. According to the Commander in Chief Clause: "The President shall be commander in chief of the Army and Navy...
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