Constitutional history -- United States -- Sources; Constitutional law -- United States
1 This statement of the matter is taken from the printed collection of
State constitutions. Pennsylvania and North Carolina are the two which
contain the interdiction in these words: "As standing armies in time of
peace are dangerous to liberty, THEY OUGHT NOT to be kept up." This
is, in truth, rather a CAUTION than a PROHIBITION. New Hampshire,
Massachusetts, Delaware, and Maryland have, in each of their bills of
rights, a clause to this effect: "Standing armies are dangerous to
liberty, and ought not to be raised or kept up WITHOUT THE CONSENT OF
THE LEGISLATURE"; which is a formal admission of the authority of the
Legislature. New York has no bills of rights, and her constitution says
not a word about the matter. No bills of rights appear annexed to the
constitutions of the other States, except the foregoing, and their
constitutions are equally silent. I am told, however that one or two
States have bills of rights which do not appear in this collection; but
that those also recognize the right of the legislative authority in this
respect.
FEDERALIST No. 25
The Same Subject Continued (The Powers Necessary to the Common Defense
Further Considered)
From the New York Packet. Friday, December 21, 1787.
HAMILTON
To the People of the State of New York:
IT MAY perhaps be urged that the objects enumerated in the preceding
number ought to be provided for by the State governments, under the
direction of the Union. But this would be, in reality, an inversion
of the primary principle of our political association, as it would in
practice transfer the care of the common defense from the federal
head to the individual members: a project oppressive to some States,
dangerous to all, and baneful to the Confederacy.
Public-domain text, read in full here on John Shaqi.
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