Keeping Troops

Keeping Troops

Keeping Troops

This provision contemplates the use of the state's military power to put down an armed insurrection too strong to be controlled by civil authority,1 and the organization and maintenance of an active state militia is not a keeping of troops in time of peace within the prohibition of this clause.2

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References

This text about Keeping Troops is based on “The Constitution of the United States of America: Analysis and Interpretation”, published by the U.S. Government Printing Office.

[Footnote 1] Luther v. Borden, 48 U.S. (7 How.) 1, 45 (1849).

[Footnote 2] Presser v. Illinois, 116 U.S. 252 (1886).

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