Constitutional history -- United States -- Sources; Constitutional law -- United States
There are other lights besides those already taken notice of, in which
the impropriety of restraints on the discretion of the national
legislature will be equally manifest. The design of the objection,
which has been mentioned, is to preclude standing armies in time of
peace, though we have never been informed how far it is designed the
prohibition should extend; whether to raising armies as well as to
KEEPING THEM UP in a season of tranquillity or not. If it be confined
to the latter it will have no precise signification, and it will be
ineffectual for the purpose intended. When armies are once raised what
shall be denominated “keeping them up,” contrary to the sense of the
Constitution? What time shall be requisite to ascertain the violation?
Shall it be a week, a month, a year? Or shall we say they may be
continued as long as the danger which occasioned their being raised
continues? This would be to admit that they might be kept up IN TIME OF
PEACE, against threatening or impending danger, which would be at once
to deviate from the literal meaning of the prohibition, and to
introduce an extensive latitude of construction. Who shall judge of the
continuance of the danger? This must undoubtedly be submitted to the
national government, and the matter would then be brought to this
issue, that the national government, to provide against apprehended
danger, might in the first instance raise troops, and might afterwards
keep them on foot as long as they supposed the peace or safety of the
community was in any degree of jeopardy. It is easy to perceive that a
discretion so latitudinary as this would afford ample room for eluding
the force of the provision.
The supposed utility of a provision of this kind can only be founded on
the supposed probability, or at least possibility, of a combination
between the executive and the legislative, in some scheme of
usurpation. Should this at any time happen, how easy would it be to
fabricate pretenses of approaching danger! Indian hostilities,
instigated by Spain or Britain, would always be at hand. Provocations
to produce the desired appearances might even be given to some foreign
power, and appeased again by timely concessions. If we can reasonably
presume such a combination to have been formed, and that the enterprise
is warranted by a sufficient prospect of success, the army, when once
raised, from whatever cause, or on whatever pretext, may be applied to
the execution of the project.
Public-domain text, read in full here on John Shaqi.
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