Constitutional history -- United States -- Sources; Constitutional law -- United States
It may not be amiss in this place concisely to remark the origin and
progress of the idea, which aims at the exclusion of military
establishments in time of peace. Though in speculative minds it may
arise from a contemplation of the nature and tendency of such
institutions, fortified by the events that have happened in other ages
and countries, yet as a national sentiment, it must be traced to those
habits of thinking which we derive from the nation from whom the
inhabitants of these States have in general sprung.
In England, for a long time after the Norman Conquest, the authority of
the monarch was almost unlimited. Inroads were gradually made upon the
prerogative, in favor of liberty, first by the barons, and afterwards
by the people, till the greatest part of its most formidable
pretensions became extinct. But it was not till the revolution in 1688,
which elevated the Prince of Orange to the throne of Great Britain,
that English liberty was completely triumphant. As incident to the
undefined power of making war, an acknowledged prerogative of the
crown, Charles II. had, by his own authority, kept on foot in time of
peace a body of 5,000 regular troops. And this number James II.
increased to 30,000; who were paid out of his civil list. At the
revolution, to abolish the exercise of so dangerous an authority, it
became an article of the Bill of Rights then framed, that “the raising
or keeping a standing army within the kingdom in time of peace, UNLESS
WITH THE CONSENT OF PARLIAMENT, was against law.”
In that kingdom, when the pulse of liberty was at its highest pitch, no
security against the danger of standing armies was thought requisite,
beyond a prohibition of their being raised or kept up by the mere
authority of the executive magistrate. The patriots, who effected that
memorable revolution, were too temperate, too wellinformed, to think of
any restraint on the legislative discretion. They were aware that a
certain number of troops for guards and garrisons were indispensable;
that no precise bounds could be set to the national exigencies; that a
power equal to every possible contingency must exist somewhere in the
government: and that when they referred the exercise of that power to
the judgment of the legislature, they had arrived at the ultimate point
of precaution which was reconcilable with the safety of the community.
Public-domain text, read in full here on John Shaqi.
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