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,2268 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.2269

Footnotes

2268
Luther v. Borden, 48 U.S. (7 How.) 1, 45 (1849). [Back to text]
2269
Presser v. Illinois, 116 U.S. 252 (1886). [Back to text]