CH. XXII.]
POWERS OF CONGRESS—MILITIA.
81
CHAPTER XXII.
POWER OVER THE MILITIA.
§ 1194. The next power of congress is "to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions."
§ 1195. This clause seems, after a slight amendment, to have passed the convention without opposition.[1] It cured a defect severely felt under the confederation, which contained no provision on the subject.
§ 1196. The power of regulating the militia, and of commanding its services to enforce the laws, and to suppress insurrections, and repel invasions, is a natural incident to the duty of superintending the common defence, and preserving the internal peace of the nation. In short, every argument, which is urged, or can be urged against standing armies in time of peace, applies forcibly to the propriety of vesting this power in the national government. There is but one of two alternatives, which can be resorted to in cases of insurrection, invasion, or violent opposition to the laws; either to employ regular troops, or to employ the militia to suppress them. In ordinary cases, indeed, the resistance to the laws may be put down by the posse comitatus, or the assistance of the common magistracy. But cases may occur, in which such a resort would be utterly vain, and even mischievous; since it might encourage the factious to more rash measures, and prevent the application of a force, which would at once destroy the hopes, and crush the efforts of the disaffected. The- ↑ Journal of Convention, 221, 283.
vol. iii.11
