Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/81

 CH. XXI.] § 1183. It may be admitted, that standing armies may prove dangerous to the state. But it is equally true, that the want of them may also prove dangerous to the state. What then is to be done? The true course is to check the undue exercise of the power, not to withhold it. This the constitution has attempted to do by providing, that "no appropriation of money to that use shall be for a longer term than two years." Thus, unless the necessary supplies are voted by the representatives of the people every two years, the whole establishment must fall. Congress may indeed, by an act for this purpose, disband a standing army at any time; or vote the supplies only for one year, or for a shorter period. But the constitution is imperative, that no appropriation shall prospectively reach beyond the biennial period. So that there would seem to be every human security against the possible abuse of the power.

§ 1184. But, here again it was objected, that the executive might keep up a standing army in time of peace, notwithstanding no supplies should be voted. But how can this possibly be done? The army cannot go without supplies; it may be disbanded at the pleasure of the legislature; and it would be absolutely impossible for any president, against the will of the nation, to keep up a standing army in terrorem populi.

§ 1185. It was also asked, why an appropriation should not be annually made, instead of biennially, as is the case in the British parliament. The answer is, that congress may in their pleasure limit the appropriation 10