Constitutional history -- United States -- Sources; Constitutional law -- United States
Next to the effectual establishment of the Union, the best possible
precaution against danger from standing armies is a limitation of
the term for which revenue may be appropriated to their support. This
precaution the Constitution has prudently added. I will not repeat here
the observations which I flatter myself have placed this subject in a
just and satisfactory light. But it may not be improper to take notice
of an argument against this part of the Constitution, which has been
drawn from the policy and practice of Great Britain. It is said that the
continuance of an army in that kingdom requires an annual vote of the
legislature; whereas the American Constitution has lengthened this
critical period to two years. This is the form in which the comparison
is usually stated to the public: but is it a just form? Is it a fair
comparison? Does the British Constitution restrain the parliamentary
discretion to one year? Does the American impose on the Congress
appropriations for two years? On the contrary, it cannot be unknown to
the authors of the fallacy themselves, that the British Constitution
fixes no limit whatever to the discretion of the legislature, and that
the American ties down the legislature to two years, as the longest
admissible term.
Had the argument from the British example been truly stated, it would
have stood thus: The term for which supplies may be appropriated to the
army establishment, though unlimited by the British Constitution, has
nevertheless, in practice, been limited by parliamentary discretion to
a single year. Now, if in Great Britain, where the House of Commons is
elected for seven years; where so great a proportion of the members are
elected by so small a proportion of the people; where the electors
are so corrupted by the representatives, and the representatives so
corrupted by the Crown, the representative body can possess a power
to make appropriations to the army for an indefinite term, without
desiring, or without daring, to extend the term beyond a single
year, ought not suspicion herself to blush, in pretending that the
representatives of the United States, elected FREELY by the WHOLE BODY
of the people, every SECOND YEAR, cannot be safely intrusted with the
discretion over such appropriations, expressly limited to the short
period of TWO YEARS?
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