Article I, Section 8, Clause 16
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
The Federalist and Federalist essays
- cited bySuggestedAristides, ¶ 44
Even when congreſs ſhall exerciſe this power, on the moſt proper occaſions, it is provided in the conſtitution, that each ſtate ſhall officer, and train its own militia.—
The paragraph says the constitution provides that each state shall officer and train its own militia, which describes the reservation in Article I, Section 8, Clause 16.
- cited bySuggestedCitizen of New Haven 2, ¶ 6
The new powers vested in the United States, are, to regulate commerce; provide for a uniform practice respecting naturalization, bankruptcies, and organizing, arming and training the militia ; and for the punishment of certain crimes against the United States ; and for promoting the progress of science in the mode therein pointed out.
The paragraph names the power to provide for "organizing, arming" the militia.
- quoted bySuggestedA Native of Virginia, Article I, ¶ 77
To provide for organizing, arming and diſciplining the militia, and for governing ſuch part of them as may be employed in the ſervice of the United States; reſerving to the States reſpectively, the appointment of the officers, and the authority of training the militia according to the diſcipline preſcribed by Congreſs.
The paragraph prints Article I, Section 8, Clause 16 of the Constitution as signed; the quoted words are the same as the clause's (apart from capitals and the long s), though the pamphlet's punctuation differs in places.
- cited bySuggestedA Native of Virginia, Article I, ¶ 78
BY theſe clauſes, the appointment of the militia officers, and training the militia, are reſerved to the reſpective States; except that Congreſs have a right to direct in what manner they are to be diſciplined, and the time when they are to be ordered out.
The paragraph says the appointment of the militia officers and the training of the militia are reserved to the states, which is the reservation in Article I, Section 8, Clause 16.
- cited bySuggestedA Native of Virginia, Article I, ¶ 79
Some have ſaid, the abſolute unqualified command that Congreſs have over the militia may be made inſtrumental to the deſtruction of all liberty, both public and private, whether of a perſonal, civil, or religious nature.
The paragraph takes up the objection that Congress has an "absolute unqualified command" over the militia, which refers to the militia clauses of Article I, Section 8, Clause 16 (and 15).
- cited bySuggestedFederalist No. 29, ¶ 1
The power of regulating the militia, and of commanding its services in times of insurrection and invasion are natural incidents to the duties of superintending the common defense, and of watching over the internal peace…
Names "the power of regulating the militia," which the next paragraph identifies by quoting this clause; the words here are general and do not themselves quote or number the clause.
- quoted byReviewedFederalist No. 29, ¶ 2
It is, therefore, with the most evident propriety, that the plan of the convention proposes to empower the Union “to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, RESERVING TO THE STATES RESPECTIVELY THE APPOINTMENT OF THE OFFICERS, AND THE AUTHORITY OF TRAINING THE MILITIA ACCORDING TO THE DISCIPLINE PRESCRIBED BY CONGRESS.”
The paragraph quotes this clause in full, in quotation marks, as what "the plan of the convention proposes to empower the Union" to do.
- cited bySuggestedFederalist No. 29, ¶ 9
What reasonable cause of apprehension can be inferred from a power in the Union to prescribe regulations for the militia, and to command its services when necessary, while the particular States are to have the SOLE AND EXCLUSIVE APPOINTMENT OF THE OFFICERS?
Refers to the States' "SOLE AND EXCLUSIVE APPOINTMENT OF THE OFFICERS" of the militia, echoing this clause's words "reserving to the States respectively, the Appointment of the Officers," which the paper quoted in its second paragraph.
- cited bySuggestedFederalist No. 41, ¶ 6
The powers falling within the FIRST class are those of declaring war and granting letters of marque; of providing armies and fleets; of regulating and calling forth the militia; of levying and borrowing money.
Names the power of "regulating" the militia, paired with calling it forth, in its list of the first class of powers; this clause holds the militia power other than calling it forth.
- cited bySuggestedFederalist No. 41, ¶ 21
The power of regulating and calling forth the militia has been already sufficiently vindicated and explained.
Names the power of "regulating" the militia, paired with calling it forth; this clause holds the militia power other than calling it forth.
Anti-Federalist essays
- cited bySuggestedBrutus 1, ¶ 12
…legislature of the United States are vested with the great and uncontrollable powers of laying and collecting taxes, duties, imposts, and excises ; of regulating trade, raising and supporting armies, organizing, arming, and disciplining the militia, instituting courts, and other general powers ; and are by this clause invested with the power of making all laws, proper and necessary, for carrying all these into execution…
Listing the powers vested in the legislature of the United States, the paragraph names "organizing, arming, and disciplining the militia", the words of Article I, Section 8, clause 16.
- quoted bySuggestedCentinel 3, ¶ 20
Section 8th of article ist, vests Congress with power "to provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions; to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress." This section will subject the citizens of these States to the most arbitary military discipline: even death may be inflicted on the disobedient; in the character of militia, you…
The paragraph quotes the clause on organizing and governing the militia from what it names as "Section 8th of article ist."
- quoted bySuggestedFederal Farmer 3, ¶ 17
…years ; to provide and maintain a navy ; to provide for calling forth the militia to execute the laws of the union ; suppress insurrections, and repel invasions : to provide for organizing, arming, and disciplining the militia ; " reserving to the states the right to appoint the officers, and to train the militia according to the discipline prescribed by congress ; congress will have unlimited power…
Quotes the opening of the clause in quotation marks and goes on to paraphrase its reservation to the states of "the right to appoint the officers, and to train the militia according to the discipline prescribed by congress."
- cited bySuggestedLuther Martin 3, ¶ 2
It has also, by another clause, the powers by which only the militia can be organized and armed, and by the neglect of which they may be rendered utterly useless and insignificant, when it suits the ambitious purposes ot government.
The paragraph names "another clause" giving the powers by which the militia "can be organized and armed", which only the clause on organizing, arming and disciplining the militia fits.
- quoted bySuggestedSydney 2, ¶ 21
…art., 8th sec, 15th, i6th and 17th clauses, Congress will be empowered to call forth the militia to execute the laws of the union, suppress insurrections and repel invasions ; to provide for organizing, arming and disciplining the militia, for the governing such part of them as may be employed in the service of the United States, and for the erection of forts, magazines, etc.
The paragraph cites "the ist art., 8th sec, 15th, i6th and 17th clauses" and reproduces the wording of the sixteenth.
Other writings
- cited bySuggestedPennsylvania convention, December 11, 1787, ¶ 158
…other, and wantonly harass them; besides, they may coerce men to act in the militia whose consciences are against bearing arms in any case.” It is true, by this system power is given to Congress to organize, arm, and discipline the militia, but every thing else is left to the state governments; they are to officer and train them.
The speaker describes the power to organize, arm and discipline the militia, leaving the officering and training to the states; no number is given.
- quoted bySuggestedVirginia convention, June 10, 1788, ¶ 25
How can this be fairly deduced from the following clause?—“To provide for the organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by Congress.” He complains much of implication; but in this case he has made use of it himself, for his construction of this clause cannot possibly be supported without it.
The speaker asks whether something can be deduced from "the following clause" and quotes its words on organizing, arming and disciplining the militia.
- quoted bySuggestedVirginia convention, June 14, 1788, ¶ 44
The national government has an exclusive right to provide for arming, organizing, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States.
The speaker says "The national government has an exclusive right to provide for arming, organizing, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States"; the words are not in quotation marks.
- cited bySuggestedVirginia convention, June 14, 1788, ¶ 51
Congress is to govern such part of them as may be employed in the actual service of the United States; and such part only can be subject to martial law.
The speaker says "The states are to have the authority of training the militia according to the congressional discipline" and "Congress is to govern such part of them as may be employed in the actual service of the United States", words close to those of Article I, Section 8, sixteenth clause.
- quoted bySuggestedVirginia convention, June 14, 1788, ¶ 59
To Congress is given the power of “arming, organizing, and disciplining the militia, and governing such part of them as may be employed in the service of the United States.” To the state legislatures is given the power of appointing the officers, and training the militia according to the discipline prescribed by Congress.” I observed before, that, if the…
The speaker says "To Congress is given the power of" and quotes the words on arming, organizing and disciplining the militia and governing such part of them as may be employed; he then gives the powers left to the states.
- quoted bySuggestedVirginia convention, June 14, 1788, ¶ 68
The Congress is to have power “to provide for the arming, organizing, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States.” Another part tells you that they are to provide for calling them forth, to execute the laws of the Union, suppress insurrections, and repel invasions.
The speaker says "The Congress is to have power" and quotes the words on arming, organizing and disciplining the militia and governing such part of them as may be employed in the service of the United States.
- cited bySuggestedVirginia convention, June 16, 1788, ¶ 73
But the power of governing the militia, so far as it is in Congress, extends only to such parts of them as may be employed in the service of the United States.
The speaker says "the power of governing the militia, so far as it is in Congress, extends only to such parts of them as may be employed in the service of the United States" and that the states "have the authority of training them".
- quoted bySuggestedVirginia convention, June 25, 1788, ¶ 57
The states have the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by Congress.
The speaker says "The states have the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by Congress"; the words are not in quotation marks.
- quoted bySuggestedVirginia convention, June 5, 1788, ¶ 26
Let me here call your attention to that part which gives the Congress power “to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States—reserving to the states, respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.” By this, sir, you see that their control over our last and best defence is unlimited.
The speaker calls attention to the part giving Congress power, and quotes the words on organizing, arming and disciplining the militia.
- cited bySuggestedVirginia convention, June 6, 1788, ¶ 35
The authority of training the militia, and appointing the officers, is reserved to the states.
The speaker says that "the authority of training the militia, and appointing the officers, is reserved to the states", wording found in Article I, Section 8, sixteenth clause.
- quoted bySuggestedVirginia convention, June 9, 1788, ¶ 30
The clause which says that Congress shall “provide for arming, organizing, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively the appointment of the officers,” seemed to put the states in the power of Congress.
The speaker quotes "provide for arming, organizing, and disciplining the militia" and the words on governing such part of them as may be employed, as the clause which says Congress shall do so; "arming, organizing" is in the opposite order in the clause.
On Article I, Section 8 as a whole
- cited bySuggestedHouse, January 6, 1865, ¶ 34
- cited bySuggestedHouse, August 27, 1962, ¶ 261
- cited bySuggestedSenate, June 12, 1911, ¶ 292
- cited bySuggestedSenate, February 16, 1933 (2), ¶ 291
- cited bySuggestedSenate, March 27, 1962 (3), ¶ 153
- cited bySuggestedMassachusetts convention, January 21, 1788, ¶ 31
- cited bySuggestedPennsylvania convention, December 4, 1787, ¶ 51
- cited bySuggestedRemarks on the New Plan, ¶ 6
- cited byFederalist No. 82, note 2
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