Monday, December 1, 2008

The Posse Comitatus Act Myth and the Use of the Military

I should have seen this coming with news reports like this Pentagon to detail military to bolster security-Plan would dedicate 20,000 uniformed troops inside U.S. by 2011



This sets off all the usual suspects off and the various conspiracy folks. Of course it should be obvious that we have well over 20,000 uniform troops in the USA right now. Fort Polk and Barksdale AFB did not become more scary today than it was yesterday.



I have a legal background but the subject of Posse Comitatus is not one that is studied a lot if at all. But that does not stop numerous lawyers as well as the general population from having a opinion on it . Often this Opinion is false.



I am sure there is a million emails going around on this topic today and most get the subject matter horribly wrong. When Katrina hit Louisiana it was the first time I started to think about the U.S Military in a domestic capacity outside fighting invaders. I found most of what I thought was true was false.



Posse Comitatus is a relic from another age based in Reconstruction Civil War Politics.



I recommend this short and good read The Posse Comitatus Act and Homeland Security. Further historical infor and more good stuff at Posse Comitatus Act: A Misunderstood Law In Need Of Change which is a PDF file which is a good read overall.



Needless to say we are in new times. It is not 1876. If a Nuclear Device goes off in Dallas I am pretty confident the Louisiana State Police nor the Louisiana National Guard is not going to be able to handle the mess as myself and millions other s try to escape the black cloud of Death as it marches toward Atlanta. When we are dealing with the possibility of GERM warfare then the need for a United response becomes even more evident. We can't have 50 Governors doing their own thing and setting up roadblocks to their states. One can think all day of the scenarios. For those that worry the Const is in peril just wait to see what happens when wide spread Human Panic happens. Your Const rights will be in peril like never before.



That is not to say there should not be laws and regulations to see how the United States Military interacts. HOWEVER THAT WAS NEVER THE ORIGINAL INTENT OF POSSE COMITATUS and it does not deal with that.



I keep hearing today "THIS IS NOT WHAT THE FOUNDING FATHERS ENVISIONED!!" Well in most case when you hear that people are being very selective on what Founding Fathers they are talking about. I should note that General Washington as Commander of Chief of the United States was in charge of the militia as they put down the Whiskey Rebellion. He view was a tad more complex.



As mentioned in the above link the U.S. Military has been used over 200 times in our nations history to quell riots, bring order, and to enforce the law (many times State Law). Contrary to what you are reading perhaps today this nothing new. In fact with the history of the U.S. military in our Ole West days I suspect the number is much higher.

For instance look at the infamous LA Riots related to the Rodney King verdict. Besides the California National Guard upon request nearly 4,000 soldiers and Marines, deployed from Fort Ord and Camp Pendleton to suppress the violence and restore order in the city.

So keep this in mind when you get the latest alarming email.

3 comments:

SudsySutherland said...

I agree that over reacting would be a bad thing. However I also see this as a failing of State Governments to be prepared.

I'm part of the Alaska State Defense Force, evolved from the Alaska Territorial Guard. We are a police agency for the State of Alaska and work for the government and by Federal law have to be 75% made up of prior service veterans.

What has happened in my analysis, is that State governments look away from that option based on the 1990's era anti-militia mentality that occurred after the OKC bombing by anti-government separatist who have no business calling themselves 'militia' as they don't work for the State or the Governor.

As a country, we need to look at the idea of State Militias, and modernize the concept to our times like the state of Alaska. We receive all the same training as any police officer within our state, and we provide our own equipment resulting in the most cost effective state agency in Alaska. Take your volunteer fire department concept, and apply it to law enforcement, and back it up with the Constitution and our proud Minuteman heritage.

James H said...

I think that is a good observation. You know your posts reminds me of something I read during the whole 2nd Amendment gun case last year.

It dealt with Milita and why the concept of what you are talking about sort of wne tout he window.

From what I can recall It had to deal with railroadas and the people that ran the railroads saw the "Milita" as a threat. Trought their efforts we have the modern National Guard.

Basically if I recall correctly they felt they could not depend on the Milita to break up labor disputes.

In another weird thing fo history the organziation that was made by these guys to get rid of the "Milita" was basically the NRA. I am going to try to find that article ( I think it was a extended comment on a blog) and try to repost it

-blessed holy socks, the non-perishable-zealot said...

God help U.S. God bless you.