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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