Private Defense and the Constitution - Page 2
So in order for the defense budget to be in compliance with the Constitution, federal non-navy defense sponsorship must be reduced to zero. That would take a big chunk out of the deficit.
But what would a Constitutionally compliant defense look like in the modern age? Defense contractors would no longer be employed by the federal government, so the cost of artillery and military vehicles would be kept to reasonable levels by a competitive marketplace. The Bill of Rights guarantees that “arms” are readily available and in no way restricted. “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
Alarmists like to claim that ready availability of arms is dangerous. But strict liability for losses and damages for negligence and “collateral damage” would be maintained by a tort system that actually compensates victims and their estates. In addition to eliminating the tremendous costs associated with offensive military campaigns, such aggressors would need to pay all of the victims for damage to their person or property.