Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/96

 88 provide for the national defence, by establishing a uniform militia throughout the United States. The system provided by this act, with the exception of that portion, which established the rules of discipline and field service, has ever since remained in force. And the militia are now governed by the same general system of discipline and field exercise, which is observed by the regular army of the United States. No jealousy of military power, and no dread of severe punishments are now indulged. And the whole militia system has been as mild in its operation, as it has been satisfactory to the nation.

§ 1204. Several questions of great practical importance have arisen under the clauses of the constitution respecting the power over the militia, which deserve mention in this place. It is observable, that power is given to congress "to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions." Accordingly, congress in 1795, in pursuance of this authority, and to give it a practical operation, provided by law, that whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe, it shall be lawful for the president to call forth such number of the militia of the state, or states most convenient to the place of danger, or scene of action, as he may judge necessary, to repel such invasion, and to issue his order for that purpose to such officer or officers of the militia, as he shall think proper. Like provisions are made for the other cases stated in the constitution. The constitutionality of this act has not