Part 25 (1/2)

_Clause 15.--The Militia._

_To provide for calling forth the militia[1] to execute the laws of the Union, suppress insurrections and repel invasions.[2]_

[1] Congress has declared the militia to be ”all citizens and those who have declared their intention to become such, between the ages of eighteen and forty-five.” These const.i.tute what is called the unorganized militia.

The military companies and regiments formed by authority of United States and state laws const.i.tute the organized militia.

One of two policies we must pursue, either to maintain a large standing army or to depend upon the citizen-soldiers to meet emergencies. For several reasons, we prefer the latter. That our citizen-soldier may be depended upon has been demonstrated on many a battlefield.

[2] The clause specifies the purposes for which the militia may be called out. These are three in number. Each state may for similar purposes call forth its own militia.

Under the laws of congress, the president is authorized in certain emergencies to issue the call. This he directs to the governors of states, and those called on are bound to furnish the troops required.

On three occasions only have the militia been called out under this clause: In the Whisky Rebellion of 1794, to enforce the laws; in the war of 1812, to repel invasion; and in the Civil War, to suppress insurrection.

_Clause 16.--Organization of the Militia._

_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,[1] reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by congress.[2]_

[1] Thus only can the uniformity so essential to efficiency be secured.

[2] This is designed as a proper recognition of the right of each state to have militia companies and to control them, subject only to the necessary limitation mentioned.

The militia of a state consists of one or more regiments, with the proper regimental and company officers appointed by state authority. When these are mustered into the service of the United States and are formed into brigades and divisions, the appointment of the general officers is vested in the president.

_Clause 17.--Exclusive Legislation._

_To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by the cession of particular states, and the acceptance of congress, become the seat of government of the United States,[1] and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, a.r.s.enals, dock yards, and other needful buildings.[2]_

[1] This refers to the territory afterwards selected, and now known as the District of Columbia.

The purpose of this provision is to free the general government from having to depend upon the protection of any state, and to enable it to secure the public buildings and archives from injury and itself from insult. [Footnote: The Continental Congress, while the capital was at Philadelphia, had to adjourn to Princeton to escape the violence of some dissatisfied soldiers. See Fiske's Critical Period of American History, page 112.]

Congress governed the District of Columbia directly until 1871, when for three years the experiment was tried of governing it as a territory. The territorial government in that time ran in debt over $20,000,000 for ”public improvements,” and congress abolished it.

The supervision of the district is now in the hands of three commissioners, appointed by the president, but controlled by congressional legislation.

[2] The propriety of the general government having exclusive authority over such places is too obvious to need comment. Crimes committed there are tried in the United States District Courts, but according to the laws of the state or territory.

The state in making the cession usually reserves the right to serve civil and criminal writs upon persons found within the ceded territory, in order that such places may not become asylums for fugitives from justice.

_Clause 18.--Implied Powers._

_To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this const.i.tution in the government of the United States, or in any department or officer thereof._

This clause does not grant any new power. ”It is merely a declaration, to remove all uncertainty, that every power is to be so interpreted, as to include suitable means to carry it into execution.” [Footnote: Story.]

It will be noticed that the powers of congress are enumerated, not defined, in the const.i.tution; and the above clause has given rise to the doctrine of ”implied powers,” the basis of many political controversies.

Following are samples of ”implied powers:”

By clause 2, congress has power ”to borrow money on the credit of the United States.” Implied in this, is the power to issue securities or evidences of debt, such as treasury notes. ”To increase the credit of the United States, congress may make such evidences of debt a legal tender for debts, public and private.” [Footnote: Lalor's Cylopedia of Political Science.]

Congress has power (clause 11) ”to declare war.” By implication it has power to prosecute the war ”by all the legitimate methods known to international law.” To that end, it may confiscate the property of public enemies, foreign or domestic; it may confiscate, therefore, their slaves.