Constitutional history -- United States -- Sources; Constitutional law -- United States
It has been said that the provision which limits the appropriation of
money for the support of an army to the period of two years would be
unavailing, because the Executive, when once possessed of a force large
enough to awe the people into submission, would find resources in that
very force sufficient to enable him to dispense with supplies from
the acts of the legislature. But the question again recurs, upon what
pretense could he be put in possession of a force of that magnitude in
time of peace? If we suppose it to have been created in consequence of
some domestic insurrection or foreign war, then it becomes a case not
within the principles of the objection; for this is levelled against
the power of keeping up troops in time of peace. Few persons will be so
visionary as seriously to contend that military forces ought not to be
raised to quell a rebellion or resist an invasion; and if the defense of
the community under such circumstances should make it necessary to
have an army so numerous as to hazard its liberty, this is one of those
calamities for which there is neither preventative nor cure. It cannot
be provided against by any possible form of government; it might even
result from a simple league offensive and defensive, if it should ever
be necessary for the confederates or allies to form an army for common
defense.
But it is an evil infinitely less likely to attend us in a united than
in a disunited state; nay, it may be safely asserted that it is an evil
altogether unlikely to attend us in the latter situation. It is not
easy to conceive a possibility that dangers so formidable can assail
the whole Union, as to demand a force considerable enough to place our
liberties in the least jeopardy, especially if we take into our view
the aid to be derived from the militia, which ought always to be counted
upon as a valuable and powerful auxiliary. But in a state of disunion
(as has been fully shown in another place), the contrary of this
supposition would become not only probable, but almost unavoidable.
PUBLIUS
FEDERALIST No. 27
The Same Subject Continued (The Idea of Restraining the Legislative
Authority in Regard to the Common Defense Considered)
From the New York Packet. Tuesday, December 25, 1787.
HAMILTON
To the People of the State of New York:
Public-domain text, read in full here on John Shaqi.
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