Joseph Story, Commentaries on the Constitution 3:§§ 1890--91
Joseph Story was once considered the father of Constitutional Law. The study of his commentaries was required at law schools for many, many decades. Presented here are just a few his comments. It must be remembered he became a Supreme Court Justice in 1811 and would have known many of the writers of the Constitution. Today's lawyers are "too wise" and "too learned" to appreciate or even study the Constitution. If one looks at these comments and compares them with the geniuses of law today, a chasm separates the two perspectives. Is the Constitution no longer valid or have lawyers, the president, and congress perverted it to meet their own wants for power and money?
1833
§ 1890. The importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject. againThe militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers. It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people. The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them. And yet, though this truth would seem so clear, and the importance of a well regulated militia would seem so undeniable, it cannot be disguised, that among the American people there is a growing indifference to any system of militia discipline, and a strong disposition, from a sense of its burthens, to be rid of all regulations. How it is practicable to keep the people duly armed without some organization, it is difficult to see. There is certainly no small danger, that indifference may lead to disgust, and disgust to contempt; and thus gradually undermine all the protection intended by this clause of our national bill of rights.
“How easily men satisfy themselves that the Constitution is exactly what they wish it to be”
― Joseph Story
Constitutions are not designed for metaphysical or logical subtleties, for niceties of expression, for critical propriety, for elaborate shades of meaning, or for the exercise of philosophical acuteness or judicial research. They are instruments of a practical nature, founded on the common business of human life, adapted to common wants, designed for common use, and fitted for common understandings.
Date: 1833
Another not unimportant consideration is, that the powers of the general government will be, and indeed must be, principally employed upon external objects, such as war, peace, negotiations with foreign powers, and foreign commerce. In its internal operations it can touch but few objects, except to introduce regulations beneficial to the commerce, intercourse, and other relations, between the states, and to lay taxes for the common good. The powers of the states, on the other hand, extend to all objects, which, in the ordinary course of affairs, concern the lives, and liberties, and property of the people, and the internal order, improvement, and prosperity of the state.
