Constitutional history -- United States -- Sources; Constitutional law -- United States
subject, it will be proper to review the several powers conferred on
the government of the Union; and that this may be the more conveniently
done they may be reduced into different classes as they relate to the
following different objects: 1. Security against foreign danger; 2.
Regulation of the intercourse with foreign nations; 3. Maintenance of
harmony and proper intercourse among the States; 4. Certain
miscellaneous objects of general utility; 5. Restraint of the States
from certain injurious acts; 6. Provisions for giving due efficacy to
all these powers. The powers falling within the FIRST class are those
of declaring war and granting letters of marque; of providing armies
and fleets; of regulating and calling forth the militia; of levying and
borrowing money. Security against foreign danger is one of the
primitive objects of civil society. It is an avowed and essential
object of the American Union. The powers requisite for attaining it
must be effectually confided to the federal councils. Is the power of
declaring war necessary? No man will answer this question in the
negative. It would be superfluous, therefore, to enter into a proof of
the affirmative. The existing Confederation establishes this power in
the most ample form. Is the power of raising armies and equipping
fleets necessary? This is involved in the foregoing power. It is
involved in the power of self-defense. But was it necessary to give an
INDEFINITE POWER of raising TROOPS, as well as providing fleets; and of
maintaining both in PEACE, as well as in war? The answer to these
questions has been too far anticipated in another place to admit an
extensive discussion of them in this place. The answer indeed seems to
be so obvious and conclusive as scarcely to justify such a discussion
in any place. With what color of propriety could the force necessary
for defense be limited by those who cannot limit the force of offense?
If a federal Constitution could chain the ambition or set bounds to the
exertions of all other nations, then indeed might it prudently chain
the discretion of its own government, and set bounds to the exertions
for its own safety.
How could a readiness for war in time of peace be safely prohibited,
unless we could prohibit, in like manner, the preparations and
establishments of every hostile nation? The means of security can only
be regulated by the means and the danger of attack. They will, in fact,
be ever determined by these rules, and by no others. It is in vain to
oppose constitutional barriers to the impulse of self-preservation. It
is worse than in vain; because it plants in the Constitution itself
necessary usurpations of power, every precedent of which is a germ of
unnecessary and multiplied repetitions. If one nation maintains
constantly a disciplined army, ready for the service of ambition or
revenge, it obliges the most pacific nations who may be within the
reach of its enterprises to take corresponding precautions.
Public-domain text, read in full here on John Shaqi.
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