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    The US Marines were and still are a branch of the US Navy, they are not a separate service. This is different from the US Air Force which started out similarly as part of the US Army, but in 1947 were made into a separate service, which appears to be what the OP was asking about. Commented Jun 20, 2018 at 19:06
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    @RBarryYoung - "The United States Marine Corps (USMC), also referred to as the United States Marines, is a branch of the United States Armed Forces ... The U.S. Marine Corps is one of the four armed service branches ..". I know what you are getting at, but if you are going to "well actually" someone with a comment that is only technically true, but doesn't actually enlighten anyone on the subject at hand, you should at least get your own technicalities right.
    – T.E.D.
    Commented Jun 20, 2018 at 19:10
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    Technicalities: The Marines were never separated from the Department of the Navy. The Air Force was separated from the Department of the Army. It is now a separate military department, the Marines are not. Commented Jun 20, 2018 at 19:15
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    No, the distinction between them is critical. The question is about the constitutionality of congress's actions in creating the Air Force. Congress did this by creating a new military department (and transferring the Army Air Force into it), which is were the question of constitutional powers comes in. Congress never separated nor transferred the Marines out of the Department of the Navy so there was never any question of their constitutional powers. It is a different situation, specifically in the context of this question. Commented Jun 20, 2018 at 19:30
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    But that's exactly what the question was about. Commented Jun 20, 2018 at 19:38