Federalist No. 24
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Federalist No. 24, titled "The Powers Necessary to the Common Defense Further Considered", is a political essay written by
Alexander Hamilton Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Father who served as the first United States secretary of the treasury from 1789 to 1795. Born out of wedlock in Charlest ...
and the twenty-fourth of ''
The Federalist Papers ''The Federalist Papers'' is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius" to promote the ratification of the Constitution of the United States. The co ...
''. It was first published in New York newspapers on December 19, 1787, under the
pseudonym A pseudonym (; ) or alias () is a fictitious name that a person or group assumes for a particular purpose, which differs from their original or true name (orthonym). This also differs from a new name that entirely or legally replaces an individua ...
Publius, the name under which all ''The Federalist Papers'' were published. It is one of two essays by Hamilton arguing in favor of a national
standing army A standing army is a permanent, often professional, army. It is composed of full-time soldiers who may be either career soldiers or conscripts. It differs from army reserves, who are enrolled for the long term, but activated only during wars or n ...
during peacetime, along with Federalist No. 25. Federalist No. 24 challenged those who wish to prohibit a standing army in peacetime, arguing that its formation is essential for the security of the nation while concerns about its existence are exaggerated. Hamilton explained that provisions against the creation of a standing army already did not exist under the law of the time, and he warned of potential threats that would necessitate a standing army. Federalist No. 24 was written at a time in which standing armies were viewed with skepticism, but such an army has come to be expected in the United States since Hamilton's time.


Summary

Hamilton challenges the idea that the proposed constitution should prohibit
standing armies A standing army is a permanent, often professional, army. It is composed of full-time soldiers who may be either career soldiers or conscripts. It differs from army reserves, who are enrolled for the long term, but activated only during wars or na ...
in peacetime. He says that it is merely an assertion that lacks an argument behind it. Speculating about the perspective of someone who heard the cries for this position without reading the constitution, he supposes that such a person would assume the constitution mandated a standing army or that the executive branch of the government would control levying of soldiers. He explains that neither premise is true: no such provision would require a standing army and levying of soldiers is a power granted to the legislature. Continuing with his hypothetical newcomer to the debate, Hamilton suggests that this person would be surprised to find that only two state constitutions had such a provision and that the
Articles of Confederation The Articles of Confederation and Perpetual Union was an agreement among the 13 Colonies of the United States of America that served as its first frame of government. It was approved after much debate (between July 1776 and November 1777) by ...
had none. He describes the surprise and frustration that this person would feel to learn that apprehensions surrounding a standing army in peacetime, as Hamilton describes it, are unfounded. Hamilton moves on to explain why a standing army during peacetime is necessary. He warns of British and Spanish colonies as well as Native American tribes, and he suggests that the United States would be under threat from attacks by both land and sea. Hamilton describes already existing garrisons of soldiers who are stationed to prevent such attacks. He explains that these garrisons can be run by professional soldiers or by
militias A militia () is generally an army or some other fighting organization of non-professional soldiers, citizens of a country, or subjects of a state, who may perform military service during a time of need, as opposed to a professional force of r ...
, and he expresses his preference for trained soldiers.


Background and publication

Federalist No. 24 was written by
Alexander Hamilton Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Father who served as the first United States secretary of the treasury from 1789 to 1795. Born out of wedlock in Charlest ...
. Like all of the ''Federalist Papers'', it was published under the
pseudonym A pseudonym (; ) or alias () is a fictitious name that a person or group assumes for a particular purpose, which differs from their original or true name (orthonym). This also differs from a new name that entirely or legally replaces an individua ...
Publius in New York newspapers to explain the provisions of the Constitution of the United States and persuade New York to ratify it. It was first published in the '' Independent Journal'', the ''Daily Advertiser'', and the ''New-York Journal'' on December 19, 1787. It was then published in the ''New-York Packet'' on December 21.


Analysis

Federalist No. 24 challenged the refrain that the constitution was flawed because it did not prohibit a standing army during peacetime. During the 18th century, standing armies in peacetime were unpopular among proponents of
civic republicanism Classical republicanism, also known as civic republicanism or civic humanism, is a form of republicanism developed in the Renaissance inspired by the governmental forms and writings of classical antiquity, especially such classical writers as Ar ...
, and they were often seen as a challenge to liberty, leading to a preference for
militias A militia () is generally an army or some other fighting organization of non-professional soldiers, citizens of a country, or subjects of a state, who may perform military service during a time of need, as opposed to a professional force of r ...
to serve as soldiers only when necessary. Hamilton argued that a standing army was necessary and that such a prohibition would be harmful. He rejected the idea that a militia could perform as adequately as a standing army, and he also expressed concern that rotating militias would disrupt both industry and individual families. American military leaders such as
George Washington George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of th ...
agreed that a standing army was necessary instead of a militia. Hamilton was skeptical that long term peace was plausible. He noted that neither the Articles of Confederation nor most of the existing state constitutions had such a provision regarding standing armies. He also emphasized that a safeguard was provided in that the legislature rather than the executive would control the military's funding. To demonstrate the need for a standing army, Hamilton pointed to the constant threats from adversaries that bordered the United States. He warned of Spanish colonies to the south, Native American tribes to the west, British colonies to the north, and the potential of naval attacks from the east. Hamilton further warned against complacence in that European powers were far away, saying that advances in naval technology allowed distant nations to operate as if they were neighbors. For these reasons, he advocated garrisons in the
western frontier The American frontier, also known as the Old West or the Wild West, encompasses the geography, history, folklore, and culture associated with the forward wave of American expansion in mainland North America that began with European colonial ...
and along the eastern coast.


Aftermath

Hamilton continued the same argument in Federalist No. 25. A standing army in peacetime has since become a widely accepted concept in the United States, including both
active duty Active duty, in contrast to reserve duty, is a full-time occupation as part of a military force. In the United Kingdom and the Commonwealth of Nations, the equivalent term is active service. India The Indian Armed Forces are considered to be one ...
soldiers and
military reserve A military reserve, active reserve, reserve formation, or simply reserve, is a group of military personnel or units that is initially not committed to a battle by its commander, so that it remains available to address unforeseen situations or ex ...
forces. In peacetime, the latter often double as humanitarian workers during natural disasters. In addition to domestic and coastal defense garrisons as described by Hamilton, American soldiers also make up garrisons in other countries around the world, and the separation of nations by oceans has become less relevant in military considerations. Federalist No. 24 has been cited in cases before the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
:
Lewis F. Powell Jr. Lewis Franklin Powell Jr. (September 19, 1907 – August 25, 1998) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1972 to 1987. Born in Suffolk, Virginia, he graduat ...
cited it in ''Selective Service System v. Minnesota Public Interest Research Group'' (1984) and ''Wayte v. United States'' (1985), and
Antonin Scalia Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectu ...
cited it in ''
Harmelin v. Michigan ''Harmelin v. Michigan'', 501 U.S. 957 (1991), was a case decided by the Supreme Court of the United States under the Eighth Amendment to the United States Constitution. The Court ruled that the Eighth Amendment's Cruel and Unusual Punishment Cla ...
'' (1991).


References


External links


Full text of Federalist No. 24
at
Avalon Project The Avalon Project is a digital library of documents relating to law, history and diplomacy. The project is part of the Yale Law School Lillian Goldman Law Library. The project contains online electronic copies of documents dating back to the be ...
{{Federalist Papers 24 1787 in American law 1787 essays 1787 in the United States