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Topic: Comitatus


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In the News (Fri 29 Aug 08)

  
  Possum Comitatus
Possum Comitatus is what happens when marsupials drink too much, start playing with econometric software and have delusions of psephological grandeur.
Comitatus: The Coalition is heading for an absolute thumping
Comitatus: John Howard and the 'coalition of the stiffed'
www.crikey.com.au /commentariat/Possum-Comitatus.html   (902 words)

  
 Posse Comitatus Act - Wikipedia, the free encyclopedia
The Posse Comitatus Act is a United States federal law (18 U.S.C.) passed in 1878 after the end of Reconstruction.
Posse Comitatus clarifications emphasize supportive and technical assistance (e.g., use of facilities, vessels, aircraft, intelligence, tech aid, surveillance) while generally prohibiting direct participation of Department of Defense personnel in law enforcement (e.g., search, seizure, and arrests).
Section 1385 of title 18 (commonly known as the Posse Comitatus Act) prohibits the use of the Armed Forces as a Posse comitatus to execute the laws except in cases and under circumstances expressly authorized by the Constitution or Act of Congress.
en.wikipedia.org /wiki/Posse_Comitatus_Act   (765 words)

  
 Valgerd's Hearth: An adult fairy tale - Posse Comitatus Act
The original 1878 Posse Comitatus Act was indeed passed with the intent of removing the Army from domestic law enforcement.
Posse comitatus means "the power of the county," reflecting the inherent power of the old West county sheriff to call upon a posse of able-bodied men to supplement law enforcement assets and thereby maintain the peace.
The Posse Comitatus Act was passed to remove the Army from civilian law enforcement and to return it to its role of defending the borders of the United States.
valgerdshearth.blogspot.com /2006/05/adult-fairy-tale-posse-comitatus-act.html   (4344 words)

  
 Posse Comitatus Act – FREE Posse Comitatus Act Information | Encyclopedia.com: Facts, Pictures, Information!
Posse Comitatus Act 1878, U.S. federal law that makes it a crime to use the military as a domestic police force in the United States under most circumstances.
The posse comitatus (from which the term posse derives) is the power or force of the county, and refers to citizens above the age of 15, who may be summoned by a sheriff to enforce the law.
The act specifically prohibited the use of the U.S. army as a posse comitatus; the prohibition was later extended by legislation to the air force and by government directive to the marine corps and navy.
www.encyclopedia.com /doc/1E1-PosseComit.html   (1132 words)

  
 The Posse Comitatus Act: Can We Maintain American Freedom Without It?
The Posse Comitatus Act was approved by Congress on June 18, 1878.
In a sense, the Posse Comitatus Act was a revolt against the federal centralization which had been conducted under the Lincoln and Grant administrations.
What Biden didn't disclose is that the Posse Comitatus Act does not directly apply to National Guard units because they are under the control of the governors of their respective states - not under the control of the president.
www.freecongress.org /commentaries/2002/020729CR.asp   (613 words)

  
 COMITATVS
Comitatus specializes in recreating a Roman legion based in Britain during the late 4th century.
The late 4th century is a crucial time in the history of Rome, Britain is to be abandoned for good in 407, and Rome itself will soon be sacked by barbarians.
Gone were "legions and auxiliaries", instead there were static frontier forces (limitanei) based in forts, and field armies (comitatus) garrisoned in cities but moving to wherever the barbarians attacked.
www.comitatus.net /roman.htm   (257 words)

  
 Features - The Posse Comitatus Act: A Resource Guide
The term “posse comitatus,” literally translated as the power of the county,; first appeared in English law in 1411 with the passage of a riot act calling for the sheriffs and justice of the peace together with the “poair de counte” to arrest rioters (13 Hen.
However the concept of a posse comitatus can be traced back to the Assize of Arms (1181) and the creation of the “jurata ad arma,” an armed body of men at the disposal of the King for the purposes of keeping the peace.
1, stat.2, c.5 (1714)) clearly intended the posse comitatus to be under the control of civil not military authorities, and for those arrested to be subject to the due process of the law of the land and not martial law.
www.llrx.com /node/876/print   (3664 words)

  
 U.S. Army HOOAH 4 HEALTH - Homeland Defense: The Posse Comitatus Act
"Posse Comitatus" means the "power of the county," reflecting the inherent power of the old west county sheriff to call upon a posse of able-bodied men to supplement law enforcement assets and thereby maintain the peace.
The Posse Comitatus Act was passed to remove the Army from civilian law enforcement and to return it to its role of defending the borders of the United States.
The Posse Comitatus act was passed in an era when the threat to national security came primarily from the standing armies and navies of foreign powers.
www.hooah4health.com /environment/homelanddefense/posse.htm   (2688 words)

  
 JURIST - Addicott: Drafting the Military - The Posse Comitatus Act and the Hunt for the DC Sniper
The 1878 Posse Comitatus Act prohibits the use of the military to execute the civil laws of the United States.
Posse comitatus is Latin for “the force of the country” and refers to the English common law doctrine that empowered the local sheriff to summon able-bodied men to help enforce the law in an emergency situation.
In addition, the Posse Comitatus Act does not prevent the President from using the military in cases of civil disorders or emergencies.
jurist.law.pitt.edu /forum/forumnew62.php   (996 words)

  
 CIP Program : Core CIP Research : Posse Comitatus & the Military's Role in Disaster Relief
Posse comitatus plays a key role in delineating exactly under what circumstances the military may and may not be used for the explicit purpose of enforcing domestic law.
The Stafford Act11 is often cited as an exception to posse comitatus, however again it is not an exception because it does not empower the military to enforce domestic law.
Posse comitatus does not impede the military from performing important functions in the assistance of state and local officials in the event of a major catastrophe.
cipp.gmu.edu /research/PosseComitatus.php   (2886 words)

  
 THE MISINTERPRETED POSSE COMITATUS ACT STILL ENDANGERS NATIONAL SECURITY
But the posse Comitatus Act did mean that troops could not be used on any authority than that of the President and that he must issue a cease and desist proclamation before he did so.
Posse comitatus meant the “force of the county”; that is, males over the age of 15 whom the sheriff was permitted to summon or raise to repress a riot or for other purposes.
Attorney General William M. Evarts invoked the posse comitatus doctrine that gave United States marshals and county sheriffs the right to command all necessary assistance from within their districts, including military personnel and civilians, to serve on a posse comitatus to execute legal process, without presidential approval.
www.michnews.com /cgi-bin/artman/exec/view.cgi/219/9253/printer   (1768 words)

  
 The Posse Comitatus Act: liberation from the lawyers Parameters - Find Articles
This article introduces the actual history and meaning of the Posse Comitatus Act, distinguishing clearly between the law and a misleading DOD regulation that requires an army of lawyers to navigate.
The posse comitatus comprises every person in the district or county above the age of fifteen years whatever may be their occupation, whether civilians or not; and including the military of all denominations, militia, soldiers, marines.
All of whom are alike bound to obey the commands of a sheriff or marshal.
www.findarticles.com /p/articles/mi_m0IBR/is_3_34/ai_n6363977   (813 words)

  
 The United States Military and the Posse Comitatus Laws   (Site not responding. Last check: )
The Bush Administration is seeking to undo the Posse Comitatus laws and to use the military in domestic police enforcement.
Its only role domestically should be that of the national guard under control of the state governors during times of disaster and other official states of emergencies when their use is legally sanctioned.
Their target is the Posse Comitatus Act of 1878, which says, in effect, that soldiers cannot ride in posses or, more precisely, arrest and try civilians.
keepamericafree.com /html/possecomitatus.html   (334 words)

  
 UCLA Center for Medieval & Renaissance Studies | Comitatus
Comitatus, the graduate journal sponsored by the UCLA Center for Medieval and Renaissance Studies, is now in its thirty-seventh year of publishing articles by new scholars working in any field of the Middle Ages or Renaissance.
The annual journal is distributed internationally to libraries and individuals; volume 38 (2007) will be available September 2007.
A subscription to Comitatus is $30 annually, plus $3.00 domestic surface mail postage and $5.00 international.
www.cmrs.ucla.edu /publications/comitatus.html   (1425 words)

  
 The questionable election of 1876 was the catalyst that led to passing the Posse Comitatus Act.   (Site not responding. Last check: )
The questionable election of 1876 was the catalyst that led to passing the Posse Comitatus Act.
The phrase "posse comitatus" translates as "posse of the county" or the power or force of the county.
The Posse Comitatus Act was amended in 1986 in order to fight the "war on drugs." President Reagan signed into law a National Security Decision Directive, which said that drug trafficking was a threat to national security and the Department of Defense was directed to participate in the "war on drugs."
www.worldnewsstand.net /msc/bookIII/PosseComitatus.htm   (2420 words)

  
 Posse Comitatus
In 1878 the use of a posse comitatus was limited by the passage of the Posse Comitatus Act of 1878.
Many states have modern posse comitatus statutes; one typical example is the Kentucky statute enacted in 1962 that gives any sheriff the power to "command and take with him the power of the county or a part thereof, to aid him in the execution of the duties of his office" (Ky. Rev.
The Posse Comitatus received widespread media attention in 1983 when a leader of the group, Gordon Kahl, was involved in a violent standoff with North Dakota law enforcement officers.
law.jrank.org /pages/9290/Posse-Comitatus.html   (646 words)

  
 The Law of Posse Comitatus
Congress passed the Posse Comitatus Act in 1878 to end military occupation of the defeated Southern states during the Reconstruction period.
The use of such equipment is permissible under both amendments to the Posse Comitatus Act as well as court interpretations that approve of the use of military equipment by civilian law enforcement.
But the last wall erected by the Posse Comitatus Act has more to do with our basic values and the democratic principles on which our country was founded and by which we profess to live than it does with the practicalities of training.
www.thirdworldtraveler.com /Civil_Liberties/Posse_Comitatus_Law.html   (2448 words)

  
 Gautham Rao | The Federal Posse Comitatus Doctrine: Slavery, Compulsion, and Statecraft in Mid-Nineteenth-Century ...
Through the Posse Comitatus Act of 1878, the readmitted south struck down the most poignant symbol of slavery, compulsion, and statecraft, thus guaranteeing its permanence in the fabric of national governance.
For abolitionists, the federal posse comitatus doctrine was tangible evidence of the continued ascendancy of the southern "slave power."71 But they also detected a fundamental reorientation of the power relations between their old constitutional and political antagonists.
Senators Mason, Butler, and Clay had armed the 1850 law with the federal posse comitatus to assure "the loyalty of the people to whom it is directed."133 Their successors in the 39th Congress did so, in the words of Senator Luke Poland of Vermont, to "enforce the provision.
www.historycooperative.org /journals/lhr/26.1/rao.html   (9792 words)

  
 Legal Affairs Debate Club - What Good is Posse Comitatus?
Scrapping the Posse Comitatus Act to facilitate the political expediency of giving the military the lead in disaster relief rather than holding FEMA accountable for aiding state and local governments would be a mistake.
There is a clear distinction to be made between use of the armed forces to ensure respect for the Constitution and federal law, such as protecting civil rights on the one hand, and the enforcement of ordinary laws enacted under state police powers and properly the province of state and local governments on the other.
I thus see a constitutional basis for preserving Posse Comitatus, as well as the practical reason that while our military forces are quite capable of supporting many aspects of civilian law enforcement, they lack the expertise required to carry out the function in a manner consistent with preserving the fundamental rights of our citizens.
www.legalaffairs.org /webexclusive/debateclub_posse1005.msp   (4725 words)

  
 Comitatus   (Site not responding. Last check: )
The concept of comitatus is important for understanding the actions and attitudes of a thane and his relationship to his lord.
Citizens in today's society relate to their leaders in similar ways as thanes related to their lords; this contemporary use of comitatus can be seen in present day sports teams, religious orders, country defenses and fraternities.
Comitatus is shown by the teammates who do not give up during the 'battle' and fight until the very end of a match or tournament.
www.freeessays.cc /db/18/ehc79.shtml   (890 words)

  
 Posse Comitatus - religious cults, sects and movements
The Posse Comitatus, Latin for ''power of the county'' but more accurately transliterated as ''to empower the citizenry,'' is the legal concept used by sheriffs in Hollywood westerns to round up a posse and chase the varmints.
In modern legal terms it means the right to deputize citizens to carry out law enforcement functions, and it also is the basis of a federal law preventing the use of federal troops in civilian law enforcement without the express consent of the President.
Members of the Posse Comitatus, however, promote an unsubstantiated belief that the Constitution does not authorize any law enforcement powers above the level of county sheriff, and that state and federal officials above the county level are part of a gigantic conspiracy to deny average citizens their rights.
www.apologeticsindex.org /p13.html   (559 words)

  
 The Power Of The Schwartz | Posse Comitatus   (Site not responding. Last check: )
My friend Kevin Schofield mentioned Posse Comitatus in a post in which he expressed concern about President Bush's remarks at a press conference this week, in which he discussed the possibility of using the military to enforce a quarantine in the event of a avian flu epidemic.
Be that as it may, Posse Comitatus is a very old law, enacted at a time when the problems of domestic law enforcement were far simpler, and the needs and expectations of emergency response were much lower.
On that basis alone, I believe that re-thinking Posse Comitatus is justified in order to allow for an expedited and coordinated federal response to state-wide or regional emergency situations that rise to the level of Katrina.
smokey.rhs.com /web/blog/PowerOfTheSchwartz.nsf/d6plinks/RSCZ-6GW6ZW   (1535 words)

  
 Dan Simpson: Remember Posse Comitatus   (Site not responding. Last check: )
The latest response of President Bush to the inadequacy of the response of the Federal Emergency Management Agency and other federal government elements to the Hurricane Katrina crisis is to suggest that in the future such matters, because they are threats to national security, should be turned over to the U.S. military to manage.
Posse Comitatus was passed in the first place in reaction to President Ulysses S. Grant's use of the military in the close 1876 elections, determined by one electoral vote.
The Posse Comitatus Act, the one that keeps the federal government from using federal troops on the population, is 127 years old and is deeply rooted in the basic relationship between the U.S. central government and the states.
www.post-gazette.com /pg/05271/578752.stm   (931 words)

  
 Posse comitatus (common law) - Wikipedia, the free encyclopedia
In common law, posse comitatus (Latin, "county force", meaning a sort of local militia) referred to the authority wielded by the county sheriff to conscript any able-bodied male over the age of fifteen to assist him in keeping the peace or to pursue and arrest a felon; compare hue and cry.
Resort to the posse comitatus figures often in the plots of Western movies, where the body of men recruited is frequently referred to as a posse.
In the United States, a Federal statute known as the Posse Comitatus Act forbids the use of the military of the United States as a posse comitatus or for law enforcement purposes.
en.wikipedia.org /wiki/Posse_comitatus_(common_law)   (2441 words)

  
 Washington University Law Quarterly: THE POSSE COMITATUS ACT: A PRINCIPLE IN NEED OF RENEWAL
In the context of the Fugitive Slave Act, Attorney General Caleb Cushing issued an opinion defining the posse comitatus to include the military even if entire units had to be called upon while remaining under the direction of their own officers.
This use of the military by federal marshals became common; in Kansas, for example, federal troops were used to quell disorder between pro- and anti-slavery factions.
excluding the Coast Guard, is prohibited from acting as a posse comitatus or otherwise to execute the laws, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress.
law.wustl.edu /WULQ/75-2/752-10.html   (13675 words)

  
 NDM Article - War on Terrorism Will Compel Revisions to Posse Comitatus
Posse Comitatus means “power of the county.”; Its origins can be traced to the election of 1876, when U.S. troops were ordered to police polling places in the South during Reconstruction.
Second, and perhaps ironically, even if the military were in violation of Posse Comitatus, the unprecedented crisis created by September 11 invoked de facto the handful of statutory exemptions that authorize military involvement during emergencies.
Any modifications to Posse Comitatus, and therefore to the increased use of the armed forces in civilian affairs, would need to proscribe three distinct issues.
www.nationaldefensemagazine.org /issues/2002/Dec/War_on_Terrorism.htm   (1462 words)

  
 Posse Comitatus   (Site not responding. Last check: )
The PCA does not apply to the U.S. Coast Guard in peacetime or to the National Guard in Title 32 or State Active Duty status.
The substantive prohibitions of the Posse Comitatus Act (PCA) were extended to all the services with the enactment of Title 10 USC, Section 375.
As required by Title 10 USC, Section 375 the secretary of defense issued Department of Defense Directive 5525.5, which precludes members of the Army, Navy, Air Force, or Marine Corps from direct participation in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.
www.northcom.mil /about_us/posse_comitatus.htm   (516 words)

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