Article 1, Section 8, Clause 15

Document 8

Luther Martin, Genuine Information

1788Storing 2.4.60

This section proceeds further to give a power to the Congress to provide for the calling forth the militia, to execute the laws of the union, suppress insurrections and repel invasions. As to giving such a power there was no objection; but it was thought by some, that this power ought to be given with certain restrictions. It was thought that not more than a certain part of the militia of any one State, ought to be obliged to march out of the same, or be employed out of the same, at any one time, without the consent of the legislature of such State. This amendment I endeavored to obtain; but it met with the same fate, which attended almost every attempt to limit the powers given to the general government, and constitutionally to guard against their abuse, it was not adopted. As it now stands, the Congress will have the power, if they please, to march the whole militia of Maryland to the remotest part of the union, and keep them in service as long as they think proper, without being in any respect dependent upon the government of Maryland for this unlimitéd exercise of power over its citizens. All of whom, from the lowest to the greatest, may, during such service, be subjected to military law, and tied up and whipped at the halbert like the meanest of slaves.

The Founders' Constitution
Volume 3, Article 1, Section 8, Clause 15, Document 8
The University of Chicago Press

Storing, Herbert J., ed. The Complete Anti-Federalist. 7 vols. Chicago: University of Chicago Press, 1981.

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