Constitutional history -- United States -- Sources; Constitutional law -- United States
A stranger to our politics, who was to read our newspapers at the
present juncture, without having previously inspected the plan reported
by the convention, would be naturally led to one of two conclusions:
either that it contained a positive injunction, that standing armies
should be kept up in time of peace; or that it vested in the EXECUTIVE
the whole power of levying troops, without subjecting his discretion, in
any shape, to the control of the legislature.
If he came afterwards to peruse the plan itself, he would be surprised
to discover, that neither the one nor the other was the case; that the
whole power of raising armies was lodged in the LEGISLATURE, not in the
EXECUTIVE; that this legislature was to be a popular body, consisting of
the representatives of the people periodically elected; and that instead
of the provision he had supposed in favor of standing armies, there was
to be found, in respect to this object, an important qualification
even of the legislative discretion, in that clause which forbids the
appropriation of money for the support of an army for any longer period
than two years a precaution which, upon a nearer view of it, will appear
to be a great and real security against the keeping up of troops without
evident necessity.
Disappointed in his first surmise, the person I have supposed would be
apt to pursue his conjectures a little further. He would naturally
say to himself, it is impossible that all this vehement and pathetic
declamation can be without some colorable pretext. It must needs be that
this people, so jealous of their liberties, have, in all the preceding
models of the constitutions which they have established, inserted the
most precise and rigid precautions on this point, the omission of which,
in the new plan, has given birth to all this apprehension and clamor.
If, under this impression, he proceeded to pass in review the several
State constitutions, how great would be his disappointment to find that
TWO ONLY of them(1) contained an interdiction of standing armies in time
of peace; that the other eleven had either observed a profound silence
on the subject, or had in express terms admitted the right of the
Legislature to authorize their existence.
Public-domain text, read in full here on John Shaqi.
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