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Posted by: walden3 1 year, 7 months ago
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walden31 year, 7 months ago
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" The possession of authority to enact the statute must be found in the clauses of the Constitution giving Congress power 'to declare war; ... to raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; ... to make rules for the government and regulation of the land and naval forces.' Article 1, 8. And of course the powers conferred by these provisions like all other powers given carry with them as pro ided by the Constitution the authority 'to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.' Article 1, 8.
As the mind cannot conceive an army without the men to compose it, on the face of the Constitution the objection that it does not give power to provide for such men would seem to be too frivolous for further notice."
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walden31 year, 7 months ago
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"In the Colonies before the separation from England there cannot be the slightest doubt that the right to enforce military service was unquestioned and that practical effect was given to the power in many cases. Indeed [245 U.S. 366, 380] the brief of the government contains a list of Colonial Acts manifesting the power and its enf rcement in more than two hundred cases.
'That every member of society hath a right to be protected in the enjoyment of life, liberty, and property, and therefore is bound to contribute his proportion toward the expense of that protection, and yield his personal service when necessary, or an equivalent thereto.' Article 8 (Thorpe, American Charters, Constitutions and Organic Laws, vol. 5, pp. 3081, 3083)."
http://supreme.justia.com/us/245/366/case.html
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hyperbola1 year, 7 months ago
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Yes, by 1918 (your article) we had already begun to lose many of our freedoms. That we lost them in the course of that particular war is an excellent example of what Daniel Webster was objecting too - capricious governments abusing their own people.
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