Posts in "Posse Comitatus"

Shaun Bowen's picture
By Shaun Bowen at 10:11PM

Have Your Cake and Eat It Too

The New York National Guard seems to be having an identity crisis. They just don't know where to go to carry out their mission of "defending" New York State. Like most National Guard troops, they're now playing double duty:  fighting on the front lines in Iraq and Afghanistan while also trying to keep the streets of Albany clear of drugs.

Employing new technology to sweep your car for drugs or weapons, the National Guard has recently been assisting the local police conduct checkpoints though Albany. According to this article, they use "ionization, counterdrug's machines can detect chemicals, explosives, narcotics on money, weapons, even fabric." So now with out even having to ask to open a door, they can scan your car and see if you're packing. The Guard must be trying to keep up its track record of "2,000 arrests last year, and ...almost $150 million in drug, property, and weapon seizures."

In addition to the flagrant violations to the 4th Amendment that these tactics pose, there's a clear contrast with current military policy of allowing of Afghan opium production.


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Bonnie Kristian's picture
By Bonnie Kristian at 12:40PM

The end of Posse Comitatus?

The Posse Comitatus Act of 1878 (rightly) forbade the use of the military to police American citizens, yet the Pentagon is now requesting to do exactly that:

The Pentagon has approached Congress to grant the Secretary of Defense the authority to post almost 400,000 military personnel throughout the United States in times of emergency or a major disaster.

This request has already occasioned a dispute with the nation’s governors. And it raises the prospect of U.S. military personnel patrolling the streets of the United States, in conflict with the Posse Comitatus Act of 1878.

Martial law, here we come?  This legislation would significantly expand the power of the already power-gorged presidency and give what is supposed to be a civilian-controlled military a frightening control over the civilian population.  Thanks to LewRockwell.com for the link.

Justin Page Wood's picture
By Justin Wood at 1:56PM

Don't Waste a Crisis

In a further abuse of power, the U.S. military wants to help citizens in the event of a Swine Flu outbreak, according to the Department of Defense.

The proposal is awaiting approval from Robert Gates - the Defense Secretary of both Barack Obama and former President George W. Bush.  It includes working with FEMA and the National Guard and Reserve forces.   And the military would be permitted to test large numbers of viral samples from infected patients.

This plan would be passed as an Executive Order, without Congressional review, as authorized by Article II Section 2 of the Constitution - however, the provision and maintenance of the military is to be spelled out by the Congress, according to Article I, Section 8.

This plan appears to be in direct violation of the Posse Comitatus Act of 1878, which prohibits the Army, Air Force, and State National Guard forces from exercising nominally state law enforcement, police, or peace officer powers that maintain "law and order" on non-federal property within the United States.

Read the CNN news article here.


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