Charles Sumner: his complete works, volume 04 (of 20) — John Shaqi
Charles Sumner: his complete works, volume 04 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 04 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
A brief inquiry will show that it is consistent with the Constitution
of the United States, and in no respect interferes with the
organization of the National Militia. That Constitution provides for
organizing, arming, and disciplining the militia, and gives Congress
full power over the subject,--in which particular, be it observed, it
is clearly distinguishable from that of fugitive slaves, over whom no
such power is given. To be more explicit, I will read the clause. It
is found in the long list of enumerated powers of Congress, and is as
follows: "The Congress shall have power to provide for organizing,
arming, and disciplining the militia, and for governing such part
of them as may be employed in the service of the United States,
reserving to the States respectively the appointment of the officers,
and the authority of training the militia according to the discipline
prescribed by Congress." And then, at the close of the section, it is
further declared, that Congress shall have power "to make _all laws
which shall be necessary and proper_ for carrying into execution the
foregoing powers."
In pursuance of this power, Congress has proceeded, by various laws,
"to provide for organizing, arming, and disciplining the militia, and
for governing such part of them as may be employed in the service of
the United States." The earliest of these laws, still in force, is
entitled "An act more effectually to provide for the national defence,
by _establishing an uniform_ militia throughout the United States."[3]
This was followed by several acts in addition. Congress, then, has
undertaken to exercise the power of "organizing" the militia under the
Constitution.
Here the question arises, to what extent, if any, this power, when
already exercised by Congress, is exclusive in character. Among the
powers delegated to Congress there may be some not for the time being
exercised. For instance, there is the power "to fix the standard of
weights and measures." Practically, this has never been exercised by
Congress; but it is left to each State within its own jurisdiction.
On the other hand, there is a power, belonging to the same group, "to
establish uniform laws on the subject of bankruptcies throughout the
United States," which, when exercised by Congress, has been held so far
exclusive as to avoid at once all the bankrupt and insolvent laws of
the several States.
[3] Act of May 8, 1792, ch. 33.
Public-domain text, read in full here on John Shaqi.
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