standing army quip

[Malla Pollack]

Thank you for the rapid help.  I am forwarding this to the list at another list member's request.
Malla Pollack
Visiting, Univ. of Oregon, Law
541-346-1599
mpollack at law.uoregon.edu
  ----- Original Message ----- 
  From: Steven Gutstein 
  To: Malla Pollack 
  Sent: Wednesday, June 16, 2004 2:14 PM
  Subject: FYI


  According to "The Third Amendment and the Issue of the Maintenance of Standing Armies: A Legal History" by WILLIAM S. FIELDS and DAVID T. HARDY in the American Journal of Legal History Vol. 35; page 393 (1991):



  "At the Constitutional Convention the debate on the standing army provisions centered more upon the issues of the size and control of the permanent military establishment than the necessity for its existence in some form. On August 18th, George Mason opposed the standing army in peacetime with the exception of a few small garrisons.[129] EIbridge Gerry was of a similar view and proposed that the Constitution contain express language limiting the size of the standing army to several thousand men.[130] Charles Cotesworth Pinckney, ostensibly at the [Page 422] instigation of Washington, responded that such a proposal was satisfactory so long as any invading force also agreed to limit its army to a similar size. In one of the more notorious moments of the convention, Gerry's proposal was defeated amidst laughter and ridicule.[131] On September 5th, Gerry renewed his concerns about the standing army, and suggested that the two year limit upon appropriations be reduced to one year.[132] That proposal was debated and reacted. On September 10th Edmond Randolph objected to the lack of a prohibition against a standing army.[133] On September 14th George Mason renewed his concerns.[134] Mason did not want an absolute prohibition on standing armies, but wanted some stronger language about their dangers. His efforts to get such language, however, failed. On September 16th Gerry again objected to the lack of limits upon the general power to raise and support standing armies.[135] When the Convention adjourned on September 17th, Mason, Gerry, and Randolph refused to sign the draft document."



  Footnotes:



  129. 2 M. Farrand, The Records of the Federal Convention of 1787 326 (1911).



  130. Id. at 329.



  131. Id.



  132. Id. at 509.



  133. Id. at 563.



  134. Id. at 616-17.



  135. Id. at 633.



  The article is available at:  http://www.saf.org/LawReviews/FieldsAndHardy2.html 





  I hope this is helpful.



  Steve Gutstein


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