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It Takes a Militia

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Hart's book should prompt much discussion among libertarians. On the one hand, universal training and military service seem too much like conscription, which libertarians traditionally oppose. On the other hand, most libertarians seem to agree with the Framers that an armed citizenry is a potent defense against tyranny, and a system of the sort that Hart proposes would certainly make the nation immune to military coups.

A rogue president could, of course, call everyone up and thus put everyone under military discipline, but that is a power Bill Clinton already enjoys under the Constitution. Article 2, Section 2 makes the president commander-in-chief of the militia when it is called into national service; as noted above, by statute the militia of the United States is every able male (and some females) between 18 and 55. Under existing law, most people would be disorganized, disarmed, and in shock as they were told what to do by military professionals. Under a system like the one Hart envisions, by contrast, those people would be armed, trained, organized, and not at all in awe of the military profession. Which approach is more likely to preserve liberty?

The Framers thought the answer was obvious. They also didn't think that militia service was the same thing as conscription, any more than jury duty constituted conscription. Thus, I would suggest that whether Hart's suggestion is favored by libertarians should turn on whether his approach, as implemented, resembles the classical militia more than the contemporary National Guard. The key question on this point would seem to be whether the populace is armed all the time, not just in active service. Telling people to show up at the federal building "or else" may be conscription, but telling those same people to show up at the federal building "and bring lots of guns and ammunition" isn't likely to promote tyranny.

It's possible, of course, that things would work out the other way: that rather than harmonizing the military with society, an approach like Hart's would militarize society. This seems quite unlikely to me, but I claim no monopoly on wisdom. At the very least, however, Hart's proposal deserves discussion. When compared with our current system, which he correctly describes as a "nightmare" in terms of its financial cost and threat to liberty, an alternative based on the classical militia may have much to offer.

Hart's book is well-written and thoroughly anchored in both military and political realities. An America that followed his recommendations would probably be less apt to become involved in ill-considered foreign wars, more resistant to tyranny, and effectively impossible to invade. This prospect is reason enough to begin the national debate that Hart calls for. Whether that debate takes place will be an interesting test of whether Eisenhower's nightmare is coming to an end.

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