Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/281

 CH. XXXV.], or insurrection. The danger may be too imminent for delay; and under such circumstances, a state will have a right to raise troops for its own safety, even without the consent of congress. After war is once begun, there is no doubt, that a state may, and indeed it ought to possess the power, to raise forces for its own defence; and its cooperation with the national forces may often be of great importance, to secure success and vigour in the operations of war. The prohibition is, therefore, wisely guarded by exceptions sufficient for the safety of the states, and not justly open to the objection of being dangerous to the Union.

§ 1399. In what manner the consent of congress is to be given to such acts of the state, is not positively provided for. Where an express consent is given, no possible doubt can arise. But the consent of congress may also be implied ; and, indeed, is always to be implied, when congress adopts the particular act by sanctioning its objects, and aiding in enforcing them. Thus, where a state is admitted into the Union, notoriously upon a compact made between it and the state, of which it previously composed a part ; there the act of congress, admitting such state into the Union, is an implied consent to the terms of the compact. This was true, as to the compact between Virginia and Kentucky, upon the admission of the latter into the Union; and the like rule will apply to other states, such as Maine, more recently admitted into the Union.

§ 1400. We have thus passed through the positive prohibitions introduced upon the powers of the states. It wall be observed, that they divide themselves into 35