Political Science And Comparative Constitutional Law .. 2

Cover Political Science And Comparative Constitutional Law .. 2
Political Science And Comparative Constitutional Law .. 2
John William Burgess
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It is placed under no restrictions in the enactment of the laws for the government of the forces or of the code of tactics for their discipline. There is an apparent limitation upon its power to provide for the calling of the militia into the service of the United States. It is con- tained in the latter part of the clause vesting this power, and defines the purpose for which it may be exercised, vis; "to execute the laws of the Union, suppress insurrection and repel invasions."^ But this is no ...real limitation, since the definition comprehends all conceivable purposes for which the military power can be naturally used. Moreover, Con- gress may bring every arms-bearing person into the service of the United States in another form of organization than militia, ie. in a form of organization not requiring, at any point, the participation of the commonwealths. The com- monwealths are expressly prohibited from keeping a standing army or ships of war, in time of peace, without the consent of the Congress.* What they may do in this respect, in time of war, is not provided in the constitution, but the fact that, in time of war, the general government may assume dictatorial 1 United States Constitution, Art.

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