Cross posted from The 10,000 Things
Continuing with Federalist #41, General View of the Powers Conferred by The Constitution (as begun in The Federalist No. 41 – General View of the Powers Conferred by The Constitution), we quickly find more of the genius of our founders, their anticipation of the issues we face today, and the fact that they faced them in the same or similar forms in their day.
Federalist #41 deals with military powers of the federal government. A great deal of it argues the need to provide for a standing army and a navy. These aren’t so much issues today but some of the argument Madison, writing as Publius, used is very interesting in how he states a clear case for the need for a strong national defense but never without talking about the dangers inherent in such powers and the need for a Constitutional defense against their potential abuses by “a perfidious government against our liberties.”
A bad cause seldom fails to betray itself. Of this truth, the management of the opposition to the federal government is an unvaried exemplification. But among all the blunders which have been committed, none is more striking than the attempt to enlist on that side the prudent jealousy entertained by the people, of standing armies. The attempt has awakened fully the public attention to that important subject; and has led to investigations which must terminate in a thorough and universal conviction, not only that the constitution has provided the most effectual guards against danger from that quarter, but that nothing short of a Constitution fully adequate to the national defense and the preservation of the Union, can save America from as many standing armies as it may be split into States or Confederacies, and from such a progressive augmentation, of these establishments in each, as will render them as burdensome to the properties and ominous to the liberties of the people, as any establishment that can become necessary, under a united and efficient government, must be tolerable to the former and safe to the latter.
“A bad cause seldom fails to betray itself.” I have long said that this administration would eventually bring itself down. Such hubris as they exhibit always does. Let me see if I can re-work this paragraph just a little….
A bad cause seldom fails to betray itself. Of this truth, the management of the current federal government is an unvaried exemplification. But among all the blunders which have been committed, none is more striking than the attempt to ignore on that side the prudent distrust entertained by the people, of unchecked executive power. The attempt has awakened fully the public attention to that important subject; and is leading to investigations which must terminate in a thorough and universal conviction, not only that the constitution has provided the most effectual guards against external and internal dangers, but that the Constitution and subsequent law are fully adequate to the national defense and the preservation of the Union, saving America from as many standing armies, terrorist organizations, domestic threats, executive abuses, and from such a progressive augmentation, of these establishments in each, without rendering them burdensome to the properties nor ominous to the liberties of the people, as any establishment that can become necessary, under a united and efficient government, must be tolerable to the former and safe to the latter.
Happily in Madison’s day the oceans which separate us from the majority of the rest of the world provided a necessary ingredient for our defense as he shows in his defense of the need for a navy.
The batteries most capable of repelling foreign enterprizes on our safety, are happily such as never can be turned by a perfidious government against our liberties.
Sadly, in our day this is no longer true. No one among us is arguing that we do not need spy agencies or wiretaps or the FBI or border security in order to be safe and secure in our nation. Today more than ever the need to provide for the common defense and general welfare involves powers that can be readily and easily be “turned by a perfidious government against our liberties.” It is more important now then ever that such powers be checked and appropriately be guarded against abuse while at the same time be allowed in order to provide for that common defense.
Madison goes on to repel an attack on the ability of Congress to pay for the national defense. While the argument he makes is directly in relation to this power it is a complete and total refutation of the Bush administrations argument of unlimited power based on the “Commander in Chief” language in The Constitution.
Some, who have not denied the necessity of the power of taxation, have grounded a very fierce attack against the Constitution, on the language in which it is defined. It has been urged and echoed, that the power “to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defense and general welfare of the United States,” amounts to an unlimited commission to exercise every power which may be alleged to be necessary for the common defense or general welfare. No stronger proof could be given of the distress under which these writers labor for objections, than their stooping to such a misconstruction.
The Bush administration argument basically boils down to a claim that the President has “an unlimited commission to exercise every power which may be alleged to be necessary for the common defense” based upon his responsibility to defend the nation as stated in his oath of office (Article II, Section 1) and the powers assigned to him in the Commander in Chief clause (Article II, Section 2):
“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect, and defend the Constitution of the United States.”
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States
Let’s see how Mr. Madison addresses such “misconstructions”…
Click through to The 10,000 Things to read more.
