Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/80

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
72
CONSTITUTION OF THE U. STATES.
[BOOK III.

pression may be ordinarily, and safely confided to the militia. But where it is extensive, and especially if it should pervade one, or more states, it may become important and even necessary to employ regular troops, as at once the most effective, and the most economical force.[1] Without the power to employ such a force in time of peace for domestic purposes, it is plain, that the government might be in danger of being overthrown by the combinations of a single faction.[2]

§ 1182. The danger of an undue exercise of the power is purely imaginary. It can never be exerted, but by the representatives of the people of the states; and it must be safe there, or there can be no safety at all in any republican form of government.[3] Our notions, indeed, of the dangers of standing armies in time of peace, are derived in a great measure from the principles and examples of our English ancestors. In England, the king possessed the power of raising armies in the time of peace according to his own good pleasure. And this prerogative was justly esteemed dangerous to the public liberties. Upon the revolution of 1688, parliament wisely insisted upon a bill of rights, which should furnish an adequate security for the future. But how was this done? Not by prohibiting standing armies altogether in time of peace; but (as has been already seen) by prohibiting them without the consent of parliament.[4] This is the very proposition contained in the constitution; for congress can alone raise armies; and may put them down, whenever they choose.


  1. The Federalist, No. 26, 28.
  2. 2 Elliot's Debates, 92, 93.
  3. The Federalist, No. 23, 26, 28.
  4. The Federalist, No. 26; 1 Black. Comm. 413.