you have to consider how small the country was back then, 13 states no real standing army to speak of and just enough navy to ward off an invasion or at least harass it and give the militia time to assemble... creating such a branch back then would have mired the federal government with bureaucracy.... well, today what this does for you to have a magistrate with with supreme judicial and military authority, who does not override the president, who does not override the supreme court, and mandates congress to adhere to Article 6; this prevents someone like Obama ever being able to even so much as attempt what he damned near pulled off