Constitutional history -- United States -- Sources; Constitutional law -- United States
It requires no skill in the science of war to discern that uniformity
in the organization and discipline of the militia would be attended
with the most beneficial effects, whenever they were called into
service for the public defense. It would enable them to discharge the
duties of the camp and of the field with mutual intelligence and
concert an advantage of peculiar moment in the operations of an army;
and it would fit them much sooner to acquire the degree of proficiency
in military functions which would be essential to their usefulness.
This desirable uniformity can only be accomplished by confiding the
regulation of the militia to the direction of the national authority.
It is, therefore, with the most evident propriety, that the plan of the
convention proposes to empower the Union “to provide for organizing,
arming, and disciplining the militia, and for governing such part of
them as may be employed in the service of the United States, RESERVING
TO THE STATES RESPECTIVELY THE APPOINTMENT OF THE OFFICERS, AND THE
AUTHORITY OF TRAINING THE MILITIA ACCORDING TO THE DISCIPLINE
PRESCRIBED BY CONGRESS.”
Of the different grounds which have been taken in opposition to the
plan of the convention, there is none that was so little to have been
expected, or is so untenable in itself, as the one from which this
particular provision has been attacked. If a well-regulated militia be
the most natural defense of a free country, it ought certainly to be
under the regulation and at the disposal of that body which is
constituted the guardian of the national security. If standing armies
are dangerous to liberty, an efficacious power over the militia, in the
body to whose care the protection of the State is committed, ought, as
far as possible, to take away the inducement and the pretext to such
unfriendly institutions. If the federal government can command the aid
of the militia in those emergencies which call for the military arm in
support of the civil magistrate, it can the better dispense with the
employment of a different kind of force. If it cannot avail itself of
the former, it will be obliged to recur to the latter. To render an
army unnecessary, will be a more certain method of preventing its
existence than a thousand prohibitions upon paper.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account