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Topic: Posse Comitatus (Common Law)

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	HighBeam Encyclopedia â“ Free Online Encyclopedia for Reference, Research, Facts
		It is based on the common law right of a wife to be supported by her husband, but in the United States, the Supreme Court in 1979 removed its limitation to husbands, to account for cases in which the wife is wealthier.
		conflict of laws that part of the law in each state, country, or other jurisdiction that determines whether, in dealing with a particular legal situation, its law or the law of some other jurisdiction will be...
		Originally the common law confined the term heir to an inheritor of real estate; the persons to whom the personal property of the deceased went were called the next of kin.
	www.encyclopedia.com /category/Social_Sciences_and_the_Law/Law/law.html (4387 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.
		It is the law enforcement equivalent of summoning the militia for military purposes.
		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.
	en.wikipedia.org /wiki/Posse_comitatus_(common_law) (2306 words)

	"Patriot" Common Law
		Common law practitioners are networked through fax lines, computer e-mail, and numerous meetings held throughout the year.
		Common law courts only recognize the first ten amendments to the Constitution, which they believe to be God-given, not man made.
		Common law adherents do not recognize federal law because they believe the current government is illegal and that the Constitution was suspended with the passage of the War and Emergency Powers Act of 1933, a measure enacted to give President Roosevelt authority to deal with the crisis of the Great Depression.
	www.westom.com /coolsite/pat_claw.htm (1401 words)

	VIGILANTE JUSTICE: COMMON LAW COURTS (Site not responding. Last check: 2007-10-29)
		He shall be removed by the Posse to the most populated intersection of streets in the township and at high noon hung by the neck, the body remaining until sundown as an example to those who would subvert the law.
		As heirs to the Posse's legacy of violence, common law court activists have wholeheartedly embraced intimidation as a political tactic.
		Where the Posse sought to exploit the plight of farmers, modern-day militia and common law court activists seek to capitalize on the political space created by GOP- led attacks on federal environmental and property regulation, affirmative action, and gun control.
	mediafilter.org /caq/CAQ57ComnLaw.html (2469 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.
		Professor Addicott is a graduate of the University of Maryland, the University of Alabama School of Law, the Judge Advocate General's School and holds LL.M. and S.J.D. degrees from the University of Virginia School of Law.
	jurist.law.pitt.edu /forum/forumnew62.php (996 words)

	What Is the Posse Comitatus Act?
		Posse comitatus is Latin for “power of the county.” The term refers to a sheriff’s common-law authority to arrange citizens into a posse in order to enforce laws.
		While in England posse comitatus referred to the grant of police powers to civilians, in America, posse comitatus refers to the military enforcement of civilian laws.
		The Posse Comitatus Act was passed in the wake of the controversial election.
	hnn.us /articles/16616.html (624 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)

	Posse Comitatus: Remembering Why - by Alan Bock
		Civilian law enforcement officers are expected not only to go after bad guys, but to remember that they are considered innocent until proven guilty and to respect their rights — including rights like Miranda warnings that have been added since the Posse Comitatus Act was passed.
		The little existing case law, however, suggests that the law is flexible enough to permit the use of the military in times of riot or natural disaster.
		Posse Comitatus is a Latin phrase that sounds obscure to most people, so it might not seem like a big thing to amend the act to make it easier to deploy the military in essentially civilian duties.
	www.antiwar.com /bock/?articleid=7468 (1836 words)

	A Notice of Felony
		He [the guilty party] shall be removed by the Posse to the most populated intersection of streets in the township and at high noon hung by the neck, the body remaining until sundown as an example to those who would subvert the law.
		Posse members in the early 1980s engaged in and were convicted of counterfeiting; they operated paramilitary training camps; and they engaged in stand-offs with local law enforcement.
		The emergence of far right common law court activity in the 1990s, like the reemergence of far right paramilitary organizing in the form of citizen militias, is cause for considerable concern on the part of people who value democratic ideals and institutions.
	www.monitor.net:16080 /monitor/freemen/gunsgavels.html (1936 words)

	Posse Comitatus, You Need a Posse, Gathering Your Posse
		A "posse comitatus" (sometimes just "posse") is the population of a county over the age of 15 that a sheriff may summon to his assistance in cases of keeping the peace or in pursuing and arresting felons.
		Instead, the posse should be composed of people who are willing, for whatever reason, to help you further your personal and/or professional goals.
		The posse, as I alluded to at the outset, is all about the "in posse," the possible.
	www.bcgsearch.com /crc/noneed.html (1666 words)

	Poisoning the Web - Militias and 'Common Law Courts' (Site not responding. Last check: 2007-10-29)
		Militia activists and common law court adherents refer to themselves as "patriots." Like anti-Semites and racists, these "patriots" have a fondness for historical distortions and conspiracy theories (such as the contention that the Federal Reserve runs the United States).
		Visitors are encouraged to interpret this information based on fallacious common law principles and then use it in a court of law, even when under oath as part of a jury.
		On November 18, 1998, members of the Montana Freemen, a group of common law court adherents notorious for their 81-day standoff with the FBI in 1996, were convicted on criminal charges including bank and mail fraud and armed robbery.
	www.adl.org /poisoning_web/militias.asp (1471 words)

	Washington University Law Quarterly: THE POSSE COMITATUS ACT: A PRINCIPLE IN NEED OF RENEWAL
		The doctrine allows the military to enforce civilian laws on military installations, to police themselves, and to perform their military functions even if there is an incidental benefit to civilian law enforcement.
		Disaster relief, another common use of the military, does not seem to violate the PCA because it is not a mission executing the laws.
		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)

	LLRX.com - The Posse Comitatus Act: A Resource Guide
		The act prohibits the use of the army or the air force to execute the law unless “expressly” authorized by the Constitution or Congress.
		At first glance it would appear that the Posse Comitatus Act 1878 embodies the principle of the separation of the military from civilian law enforcement, a principle that has been an essential component of Anglo-American legal history since the Magna Carta.
		Posse Comitatus: The Army of the 21st Century and the Law of Unintended Consequences.
	www.llrx.com /features/posse.htm (3657 words)

	Calling Out the Posse (Site not responding. Last check: 2007-10-29)
		Rumblings are stirring not-so-far beneath the surface for gutting the 1878 "Posse Comitatus" law.
		This "power of the county" law is a codification of the long tradition in this country of keeping separate the role of the military from that of peace officers (sadly today, a.k.a., "law enforcement" officers, thus placing the "law" in a position superior to peace and justice).
		If anyone truly believes that once the military is handed the assignment of domestic law enforcement that the generals and politicians will draw a line in the sand and follow their promise of "this far and no farther," well, I have a bridge in Brooklyn I'd like to sell you.
	home.earthlink.net /~rdmadden/webdocs/Calling_Out_the_Posse.html (1813 words)

	[No title] (Site not responding. Last check: 2007-10-29)
		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.
		Had the Biden initiative to repeal the Posse Comitatus Act passed in 1995, Bill Clinton would have been free to deploy troops to Florida to ensure the validity of the presidential election recount.
	www.enterstageright.com /archive/articles/0802/0802posse.txt (581 words)

	Poisoning the Web - Posse Comitatus (Site not responding. Last check: 2007-10-29)
		Aspects of the Posse's ideology, most notably its fierce hostility to Federal authority, reverberate among today's militia and common law court activists.
		In the 1970s, Posses attracted Klan members and other anti-Semites (among them David Duke), and in 1983, these groups gained nationwide attention when active Posse member Gordon Kahl murdered two Federal Marshals in North Dakota and became a fugitive.
		In 1991, James Wickstrom, an Identity minister and Posse leader based in Michigan, was convicted of plotting to distribute $100,000 in counterfeit bills to white supremacists at a 1988 Aryan Nations event.
	www.adl.org /poisoning_web/posse.asp (518 words)

	Extremist Group Posse Comitatus
		The Posse Comitatus was a right-wing extremist group that contended that the true intent of the country's founders was to establish a Christian republic where the individual was sovereign, and that the Republic's first duty was to promote, safeguard, and protect the Christian faith.
		Rockefeller was viewed by the Posse as one of the major "money czars." After an investigation, the FBI uncovered 75 Posse chapters in 23 states.
		Members of the Posse Comitatus were involved in a shoot-out in Arkansas in 1983 that resulted in the deaths of two U.S. marshals.
	www.nebraskastudies.org /1000/stories/1001_0115.html (1179 words)

	Posse Comitatus (Site not responding. Last check: 2007-10-29)
		The substantive prohibitions of the Posse Comitatus Act (PCA) were extended to all the services with the enactment of Title 10 USC, Section 375.
		Prohibiting direct military involvement in law enforcement is in keeping with long-standing U.S. law and policy limiting the military’s role in domestic affairs.
		Military support to civilian law enforcement is carried out in strict compliance with the Constitution and U.S. laws and under the direction of the president and secretary of defense.
	www.northcom.mil /about_us/posse_comitatus.htm (516 words)

	AlterNet: Rights and Liberties: Bush's Posse Roundup
		The law was enacted after pervasive abuses by the U.S. military in southern states during the Reconstruction.
		But the mass panic that gripped the Washington area indicated how feeble the status of Posse Comitatus is. In the political world after 9/11, laws appear to provide far less restraint on the use of the military than in the past.
		Posse Comitatus is a law, but valuing the dividing line between civilian law enforcement and the military is not boiled into the American public ethos as the idea that we have the right to bear arms.
	www.alternet.org /rights/20712 (1783 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 framers even debated the federal government's power to call out the posse comitatus (literally meaning the power or authority of the county) and did not prohibit this established feature of the common law.
		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.
	www.findarticles.com /p/articles/mi_m0IBR/is_3_34/ai_n6363977 (813 words)

	Defense Tech: Northcom Negs New Powers
		That law, the Posse Comitatus Act (PCA) of 1878, is widely considered to be a cornerstone in the development of U.S. liberty.
		Possee comitatus comes from English common law which empowers the local sheriff or marshall to summon men above the age of 15 to enforce the law.
		The Posse Comitatus Act was enacted largely at the request of the Army to stop this practice.
	www.defensetech.org /archives/001899.html (603 words)

	Military and Civilian Law Enforcement : SF Indymedia (Site not responding. Last check: 2007-10-29)
		Interestingly, there appear to be no federal statutes defining "martial law," so presumably we are left with its common law definition as control of a civilian population by military forces and the suspension of civil law in favor of direct military orders.
		The clearest statement about martial law in federal law is in the Code of Federal Regulations, Title 32 (National Defense), Subtitle A (Department of Defense), Chapter V (Department of the Army), Subchapter A (Aid of Civil Authorities and Public Relations), Part 501 (Employment of Troops in Aid of Civil Authorities).
		However, the decision to impose martial law may be made by the commander on the spot, if the circumstances demand immediate action, and time and available communications facilities do not permit obtaining prior approval from higher authority (§ 501.2).
	sf.indymedia.org /news/2005/07/1716871.php (2089 words)

	Greater Role for Military? Call Out the Posse (Comitatus)
		The Posse Comitatus Act of 1878 was passed as a sane response to the huge buildup of federal troops in the South during Reconstruction.
		The 127-year-old law that restricts the military to its core competency of waging war and defending the nation - not acting as police at home - is as relevant now as it was 127 years ago.
		Under Posse Comitatus, active duty military can act in a variety of support functions to offer disaster relief, from providing logistics to distributing humanitarian aid.
	www.commondreams.org /views05/1014-28.htm (819 words)

	Courts of the Posse Comitatus (Site not responding. Last check: 2007-10-29)
		According to Levitas the first reported instance of a common law grand jury actually being impaneled is in Lane County, Oregon.
		In fact copies of this work are sold and used as a training manual by the Del City, Oklahoma-based United Sovereigns of America, the leading national proponent of common law courts, linked to court efforts in at least thirteen states.
		The Posse Blue Book also outlines the process by which the jury is employed and provides the blueprint for the current trend in which "warrants of arrest" are issued to public officials by the self-appointed officers of the common law courts.
	www.monitor.net:16080 /monitor/freemen/possecourts.html (396 words)

	Just What Is the Posse Comitatus Act? (Site not responding. Last check: 2007-10-29)
		Prior to 1878, it was common practice for federal troops to be stationed at polling places to prevent trouble—including making sure only the favored few could vote.
		Congress, through the Posse Comitatus law, was attempting to bring civilian order to what was viewed as too often arbitrary law enforcement, in violation of Constitutional protections.
		At a Hearing on the Posse Comitatus Act [PCA] Before the Subcommittee on Crime of the Committee on the Judiciary on H.R. 3519, 97th Cong., 1st Sess.
	baltimorechronicle.com /posse_aug02.html (362 words)

	R.I.P. Posse Comitatus
		In the wake of Hurricane Katrina, General Peter Grace, soon to become Vice Chairman of the Joint Chiefs of Staff, has called “for Posse Comitatus to be reconsidered in response to suggestions that it slowed down deployment of troops,” according to Jurist, a legal research website.
		Both can share blame in the unconstitutional laws passed and the open checkbook they offer federal police agencies that don’t seem to be concerned with the niceties of the Bill of Rights.” Alden wrote this in the 1990s, during the Clinton administration and after the outrage of Waco.
		If the Posse Comitatus Act is an obstacle to anything, it is the federal government’s desire send in the Marines—who are trained to fight wars, not provide disaster relief and augment (or supplant) local law enforcement.
	www.infowars.com /articles/ps/posse_comitatus_rip.htm (891 words)

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