States and Military Affairs

ArtI.S10.C3.2 States and Military Affairs

Article I, Section 10, Clause 3:

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

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

Luther v. Borden, 48 U.S. (7 How.) 1, 45 (1849). back
Presser v. Illinois, 116 U.S. 252 (1886). back

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