Constitutional history -- United States -- Sources; Constitutional law -- United States
All violent policy, as it is contrary to the natural and experienced
course of human affairs, defeats itself. Pennsylvania, at this instant,
affords an example of the truth of this remark. The Bill of Rights of
that State declares that standing armies are dangerous to liberty, and
ought not to be kept up in time of peace. Pennsylvania, nevertheless, in
a time of profound peace, from the existence of partial disorders in one
or two of her counties, has resolved to raise a body of troops; and in
all probability will keep them up as long as there is any appearance
of danger to the public peace. The conduct of Massachusetts affords
a lesson on the same subject, though on different ground. That State
(without waiting for the sanction of Congress, as the articles of the
Confederation require) was compelled to raise troops to quell a domestic
insurrection, and still keeps a corps in pay to prevent a revival of the
spirit of revolt. The particular constitution of Massachusetts opposed
no obstacle to the measure; but the instance is still of use to instruct
us that cases are likely to occur under our government, as well as under
those of other nations, which will sometimes render a military force in
time of peace essential to the security of the society, and that it
is therefore improper in this respect to control the legislative
discretion. It also teaches us, in its application to the United States,
how little the rights of a feeble government are likely to be respected,
even by its own constituents. And it teaches us, in addition to the
rest, how unequal parchment provisions are to a struggle with public
necessity.
It was a fundamental maxim of the Lacedaemonian commonwealth, that the
post of admiral should not be conferred twice on the same person. The
Peloponnesian confederates, having suffered a severe defeat at sea from
the Athenians, demanded Lysander, who had before served with success in
that capacity, to command the combined fleets. The Lacedaemonians, to
gratify their allies, and yet preserve the semblance of an adherence
to their ancient institutions, had recourse to the flimsy subterfuge
of investing Lysander with the real power of admiral, under the nominal
title of vice-admiral. This instance is selected from among a
multitude that might be cited to confirm the truth already advanced
and illustrated by domestic examples; which is, that nations pay little
regard to rules and maxims calculated in their very nature to run
counter to the necessities of society. Wise politicians will be
cautious about fettering the government with restrictions that cannot be
observed, because they know that every breach of the fundamental laws,
though dictated by necessity, impairs that sacred reverence which ought
to be maintained in the breast of rulers towards the constitution of a
country, and forms a precedent for other breaches where the same plea of
necessity does not exist at all, or is less urgent and palpable.
PUBLIUS
FEDERALIST No. 26
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