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Topic: Posse Comitatus Act


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In the News (Fri 27 Nov 09)

  
  U.S. Army HOOAH 4 HEALTH - Homeland Defense: The Posse Comitatus Act   (Site not responding. Last check: 2007-10-16)
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.
www.hooah4health.com /deployment/homelanddefense/posse.htm   (2698 words)

  
 Posse Comitatus Act - Wikipedia, the free encyclopedia
The Posse Comitatus Act and the Insurrection Act substantially limit the powers of the Federal government to use the military for law enforcement.
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   (782 words)

  
 LLRX.com - 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 /features/posse.htm   (3657 words)

  
 The Law of Posse Comitatus
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined not more than $10,000 or imprisoned not more than two years, or both.
The Posse Comitatus Act is relatively narrow in its scope.
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.
www.thirdworldtraveler.com /Civil_Liberties/Posse_Comitatus_Law.html   (2448 words)

  
 Washington University Law Quarterly: THE POSSE COMITATUS ACT: A PRINCIPLE IN NEED OF RENEWAL
("PCA" or the "Act") to prohibit the use of the Army in civilian law enforcement.
Congress may resolve to leave the PCA alone, but it should be remembered that in 1878 the PCA was enacted precisely because the government had to be reminded of the fundamental principle of separating the military from the civilian sphere.
The judge found that evidence of a PCA violation would be admissible because it would relate to whether the federal officers acted in lawful execution of their duties, but granted the motion to bar evidence of passive involvement.
law.wustl.edu /WULQ/75-2/752-10.html   (13675 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   (626 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.
The Act was passed because the Army resented having its soldiers used as police officers (a posse) by local law enforcement officials in the post-Reconstruction South.
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.
www.renewamerica.us /columns/gaynor/050827   (2327 words)

  
 Posse Comitatus
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Forces as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years or both.
Fortunately, the Insurrection Act stands, and it permits the President to use federal troops to enforce the laws either at the request of a governor or on the initiative of the president.
The Insurrection Act empowers the president, either upon his own initiative or at the request of a governor to use federal troops to address a variety of civil disturbances that could be provoked by a major terrorist attack.
www.military.com /opinion/0,15202,80968,00.html?ESRC=opinions.RSS   (1102 words)

  
 The Posse Comitatus Act: Can We Maintain American Freedom Without It?
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.freecongress.org /commentaries/2002/020729CR.asp   (613 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)

  
 Posse Comitatus Act — FactMonster.com
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.factmonster.com /ce6/society/A0921668.html   (199 words)

  
 Posse Comitatus   (Site not responding. Last check: 2007-10-16)
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.
The United States Congress has enacted a number of exceptions to the PCA that allow the military, in certain situations, to assist civilian law enforcement agencies in enforcing the laws of the U.S. The most common example is counterdrug assistance (Title 10 USC, Sections 371-381).
www.northcom.mil /about_us/posse_comitatus.htm   (516 words)

  
 Posse Comitatus   (Site not responding. Last check: 2007-10-16)
Drafting the Military: The Posse Comitatus Act and the Hunt for the D.C. Sniper.
The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law by Charles Doyle.
Banks, William C. Troops Defending the Homeland: The Posse Comitatus Act and the Legal Environment for a Military Role in Domestic Counterterrorism.
www.au.af.mil /au/aul/bibs/posse/posse.htm   (1521 words)

  
 Talk:Posse Comitatus Act - SourceWatch   (Site not responding. Last check: 2007-10-16)
Posse Comitatus; where hard right meets far left and the fringes reconnect to become a part of the fabric again; out on the elliptic.
The act precludes military participation in the execution of laws except as expressly authorized by Congress.
The Senate provision was drafted to reflect the traditional purposes of the Posse Comitatus Act and the limited nature of the exceptions to that act.
www.sourcewatch.org /index.php?title=Talk:Posse_Comitatus_Act   (3224 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)

  
 Posse Comitatus Act   (Site not responding. Last check: 2007-10-16)
"POSSE COMITATUS ACT" (18 USC 1385): A Reconstruction Era criminal law proscribing use of Army (later, Air Force) to "execute the laws" except where expressly authorized by Constitution or Congress.
Dec '81 additional laws were enacted (codified 10 USC 371-78) clarifying permissible military assistance to civilian law enforcement agencies--including the Coast Guard--especially in combating drug smuggling into the United States.
Posse Comitatus clarifications emphasize supportive and technical assistance (e.g., use of facilities, vessels, aircraft, intelligence, tech aid, surveillance, etc.) while generally prohibiting direct participation of DoD personnel in law enforcement (e.g., search, seizure, and arrests).
www.uscg.mil /hq/g-cp/comrel/factfile/Factcards/PosseComitatus.html   (149 words)

  
 EFFECT OF POSSE COMITATUS ACT ON PROPOSED DETAIL OF   (Site not responding. Last check: 2007-10-16)
Relevant caselaw and opinions of this Office reflect the view that the PCA is intended to prohibit military personnel from directly coercing, threatening to coerce, or otherwise regulating civilians in the execution of criminal or civil laws.
The phrase "posse comitatus" translates from Latin as the "power of the county" and was used at common law to refer to local citizens over the age of 15 upon whom a sheriff could call for assistance in preventing any type of civil disorder.
The PCA was adopted in 1878 in response to objections from southern States to the participation of the United States Army in civilian law enforcement during the Reconstruction period.
www.freerepublic.com /focus/fr/551292/posts   (4885 words)

  
 The Origins of the Posse Comitatus   (Site not responding. Last check: 2007-10-16)
From the beginning of the Republic until the enactment of Posse Comitatus it had been regular practice to station federal troops at polling places to prevent inebriates from voting, and to be certain that those entering the polls were entitled to do so in an era of limited suffrage.
Since Posse Comitatus does not directly apply to National Guard units, which are under the control of state governors, National Guard units have been nationalized under particular circumstances to place them under federal control and legal constraints.
Although the phrase "Posse Comitatus" did not arise during the debate, that was the foundation of the argument.
www.airpower.maxwell.af.mil /airchronicles/cc/baker1.html   (1915 words)

  
 Posse Comitatus Act of 1878   (Site not responding. Last check: 2007-10-16)
The Posse Comitatus Act of 1878 says that America's military is pretty much prohibited from acting as a domestic police force and keeps us from becoming little more than a wealthy banana republic.
In a nutshell, this act bans the Army, Navy, Air Force and Marines from participating in arrests, searches, seizure of evidence and other police-type activity on U.S. soil.
The Coast Guard and National Guard troops under the control of state governors are excluded from the act.
members.tripod.com /other_krap/posse_comitatus_act_of_1878.html   (209 words)

  
 The Populist Party - Posse Comitatus Act of 1878   (Site not responding. Last check: 2007-10-16)
263 - An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and for other purposes.
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of
Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to
www.populistamerica.com /posse_comitatus_act_of_1878   (133 words)

  
 The All Spin Zone / Posse Comitatus, The Sequel - More Than Katrina   (Site not responding. Last check: 2007-10-16)
In the wake of Katrina, there was a bit of banter about the need for congress to revisit the Posse Comitatus Act of 1878 to address the law and order “concerns” raised in New Orleans (which mostly turned out to be bogus anyway).
The Posse Comitatus Act is being trotted out again by BushCo - this time, in terms of a response to the avian flu and enforcing planned quarrentines:
There is a reason that the Posse Comitatus Act has stood the test of time, even through past amendments to deal with emergency response situations and the bogus “war on drugs”.
allspinzone.com /blog/index.php?itemid=1449   (1869 words)

  
 Military May Play Bigger Relief Role (some urge loosening of Posse Comitatus Act)   (Site not responding. Last check: 2007-10-16)
That prohibition is spelled out in the Posse Comitatus Act of enacted after the Civil War mainly to prevent federal troops from supervising elections in former Confederate states.
Another such law, Di Rita said, is the Civil War-era Insurrection Act, which Bush could have invoked to waive the law enforcement restrictions of the Posse Comitatus Act.
The Insurrection Act lets the president call troops into federal action inside the United States whenever "unlawful obstructions, combinations or assemblages _ or rebellion against the authority of the United States _ make it impracticable to enforce the laws" in any state.
www.freerepublic.com /focus/f-news/1486739/posts   (2783 words)

  
 Joshua Holland | One Step Closer to a Police State   (Site not responding. Last check: 2007-10-16)
It's likely that the move is a violation of the Posse Comitatus Act, a law established after the Civil War that prohibits the use of U.S. troops for domestic law enforcement.
One of the exceptions built into the Posse Comitatus Act is that troops may be deployed to support law enforcement agencies, but with the exception of insurrections and riots, nuclear attack or interdiction of drug smuggling (when working directly with law enforcement agencies), they must be under the authority of a state governor.
The move comes in the context of an administration that has consistently expressed disdain for Posse Comitatus, and the constraint it puts on the use of troops in domestic actions.
www.truthout.org /docs_2006/051906A.shtml   (992 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.
They also need to examine the Posse Comitatus Act to make sure it—or at least government lawyers’ understanding of it—does not remain an obstacle to common-sense response to national disasters.
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)

  
 Posse Comitatus Act of 1878
Currently, America's military is largely prohibited from acting as a domestic police force.
The military isn't trained to be a police force, he says, so it should stick to the skills for which it is trained: surveillance, information gathering, logistical support.
All of these activities are allowable under Posse Comitatus.
www.dojgov.net /posse_comitatus_act.htm   (589 words)

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