History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
The power to "declare" war had been reported by the committee as a
power to "make" war. There was a very general acquiescence in the
propriety of vesting the war power in the legislature rather than the
executive; but the former expression was substituted in place of the
latter, in order, as it would seem, to signify that the legislature
alone were to determine formally the state of war, but that the
executive might be able to repel sudden attacks.[254] The clause which
enables Congress to grant "letters of marque and reprisal" was added
to the war power, at a subsequent period, on the recommendation of a
committee to whom were referred sundry propositions introduced by
Charles Pinckney, of which this was one.[255]
In addition to the war power, which would seem to involve of itself
the authority to raise all the necessary forces required by the
exigencies of a war, the committee of detail had given the separate
power "to raise armies," which the Convention enlarged by adding the
term to "support."[256] This embraced standing armies in time of
peace, and, as the clause thus amended would obviously allow, such
armies might be enlarged to any extent and continued for any time. The
nature of the government, and the liberties and the very prejudices of
the people, required that some check should be introduced, to prevent
an abuse of this power. A limitation of the number of troops that
Congress might keep up in time of peace was proposed, but it was
rejected by all the States as inexpedient and impracticable.[257]
Another check, capable of being adapted to the proper exercise of the
power itself, was to be found in an idea suggested by Mr. Mason, of
preventing a perpetual revenue.[258] The application of this principle
to the power of raising and supporting armies would furnish a salutary
limitation, by requiring the appropriations for this purpose to pass
frequently under the review of the representatives of the people,
without embarrassing the exercise of the power itself. Accordingly,
the clause now in the Constitution, which restricts the appropriation
of money to the support of the army to a term not longer than two
years, was added to the power of raising and supporting armies.[259]
Authority "to provide and maintain a navy" was unanimously agreed as
the most convenient definition of the power, and to this was added,
from the Articles of Confederation, the power "to make rules for the
government and regulation of the land and naval forces."[260]
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