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Topic: The Posse Comitatus


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In the News (Sun 20 Dec 09)

  
  Posse Comitatus Act on Encyclopedia.com   (Site not responding. Last check: 2007-10-21)
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.
The Posse Comitatus Act: liberation from the lawyers.
www.encyclopedia.com /html/P/PosseC1omit.asp   (422 words)

  
 Posse Comitatus Act - Wikipedia, the free encyclopedia
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.
Enacted in 1878, the Posse Comitatus Act was expressly intended to prevent United States Marshals, on their own initiative, from calling on the Army for assistance in enforcing Federal law.
en.wikipedia.org /wiki/Posse_Comitatus_Act   (739 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   (616 words)

  
 The Anti-Government Movement Guidebook - Posse Comitatus
The common law courts and sovereign citizens are the direct ideological descendants of the Posse Comitatus; any attempt to understand the common law courts must start with the this group.
The Posse ideology and the justifications that results from it are complex, but stripped of racist overtones, there are three main tenets to Posse ideology that are crucial to understanding how the Posse mindset works.
Indeed, the term "posse comitatus" itself is a Latin phrase that means "power of the county." Accordingly, Posse teachings argued that the county government was the highest authority of government in the country, a belief sometimes misreported as the county being the only form of legitimate authority.
www.anti-government.com /posse-comitatus.htm   (734 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)

  
 Posse Comitatus Organization
Posse Comitatus is (or was) an organisation composed of loosely affiliated bands which have been around since 1969.
The name Posse Comitatus is Latin for "power of the county", and the Posse believes that all government power is rooted at the county level.
Their ideology is largely based on the Posse Comitatus Act passed in the wake of the Civil War specifically to bar the federal military from interfering in local police matters.
www.boogieonline.com /revolution/commerce/taxes/posse.html   (543 words)

  
 Posse Comitatus - religious cults, sects and movements   (Site not responding. Last check: 2007-10-21)
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.
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.
Posse Comitatus, also known as Sheriff's Posse Comitatus, is a loose knit, nationwide organization established in 1973.
www.apologeticsindex.org /p13.html   (554 words)

  
 SurfWax: News, Reviews and Articles On Posse Comitatus
The Posse Comitatus Act (18 U.S.C. 1385) generally prohibits federal military personnel and units of the U.S. National Guard under federal authority from acting in a law enforcement capacity within the United States, except where expressly authorized by the U.S. Constitution or Congress.
Enacted during Reconstruction, the purpose of the Posse Comitatus Act was to severely limit the powers of the federal government to use the military for local law enforcement...
Under the "Posse Comitatus Act,", the federal armed forces cannot be used in a law enforcement role unless authorized by the Constitution or an act of Congress.
www.lawkt.com /files/Posse_Comitatus.html   (4877 words)

  
 Posse Comitatus Act   (Site not responding. Last check: 2007-10-21)
"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)

  
 Encyclopedia: Posse Comitatus Act   (Site not responding. Last check: 2007-10-21)
For the sheriff's powers of law enforcement at common law, see posse comitatus.
The Posse Comitatus Act is a United States Federal Law (18 U.S.C.) passed in 1878 after the end of Reconstruction, and was intended to prohibit Federal troops from supervising elections in former Confederate states.
It generally prohibits Federal military personnel and units of the United States National Guard under Federal authority from acting in a law enforcement capacity within the United States, except where expressly authorized by the Constitution or the Congress.
www.nationmaster.com /encyclopedia/Posse-Comitatus-Act   (1637 words)

  
 Posse Comitatus   (Site not responding. Last check: 2007-10-21)
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.
Posse Comitatus: The Army of the 21st Century and the Law of Unintended Consequences.
www.au.af.mil /au/aul/bibs/posse/posse.htm   (1521 words)

  
 Posse Comitatus
The phrase "posse comitatus" translates as "posse of the county" or the power or force of the county.
The questionable election of 1876 was the catalyst that led to passing the Posse Comitatus Act.
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.rense.com /general4/pposs.htm   (2370 words)

  
 The Origins of the Posse Comitatus   (Site not responding. Last check: 2007-10-21)
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   (1923 words)

  
 Posse comitatus (disambiguation) - Wikipedia, the free encyclopedia
Posse comitatus, the common law power of the sheriff to compel people to assist law enforcement in unusual circumstances.
In United States military law, the Posse Comitatus Act regulates the use of military forces for non-military purposes.
This is a disambiguation page, a list of pages that otherwise might share the same title.
en.wikipedia.org /wiki/Posse_comitatus   (110 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 act   (Site not responding. Last check: 2007-10-21)
That said, it is true that the Posse Comitatus act limits the use of the military domestically, as does the Insurrection act.
There also happen to be a number of exceptions written into Posse Comitatus that make most arguements regarding the act, like yours, moot.
The most important exception to note is that the President can suspend Posse Comitatus in times of emergency (Katrina response, anyone?).
austin.craigslist.com /rnr/102161664.html   (419 words)

  
 POSSE COMITATUS - LoveToKnow Article on POSSE COMITATUS   (Site not responding. Last check: 2007-10-21)
Owing to the establishment of county police, the sheriff does not now pursue felons, but by the Sheriffs Act (1887, sec.
2) the calling out of the posse comitatus is expressly authorized if the sheriff finds any resistance in the execution of a writ.
In view of the sheriffs duty to raise, if necessary, the posse comitatus it is no answer by him, for non-execution of a writ, to say that he was resisted.
www.1911encyclopedia.org /P/PO/POSSE_COMITATUS.htm   (154 words)

  
 CNN.com - ACLU examines Pentagon role in sniper probe - Oct. 16, 2002
The ACLU said it was examining whether the order might violate parts of the Posse Comitatus Act, an 1878 law prohibiting the military from direct involvement in civilian law enforcement.
Civil libertarian groups such as the ACLU have been concerned about the Bush administration possibly casting a critical eye on the Posse Comitatus Act, particularly as the United States carries out its war against terrorists and implements its homeland defense strategy.
Such groups have expressed concern the federal government might be granted authority to deploy the National Guard in emergencies, a power reserved for state governors, or to use the military for civilian defense.
archives.cnn.com /2002/LAW/10/16/sniper.military.libertarians   (796 words)

  
 Posse Comitatus
Posse Comitatus Act, religious beliefs, and the USO make for this interesting episode of JAG titled Posse Comitatus.
To start out with the Posse Comitatus (Force of the Country) Act was a rider to an appropriations bill approved on June 18, 1878.
Harm and Mac are sent to Yuma, Arizona by the Admiral after the news got a hold of a hostage situation that was taken care of by two Marine officers in a Cobra.
www.rosepetaldesign.com /jagreview/posse.htm   (1078 words)

  
 ***POSSE COMITATUS AND THE LAW*** [Free Republic]
The courts were divided on whether the Posse Comitatus Act had been violated in two of the cases.
In these cases, the units commander in chief is the preseident and the Posse Comitatus Act applies.
Posse Comitatus allows Regular Army forces to act on behalf of drug interdiction efforts, provided such an effort is approved by the commander in chief, which it was at Waco.
www.freerepublic.com /forum/a37dbb73636c4.htm   (2233 words)

  
 Poisoning the Web - Posse Comitatus   (Site not responding. Last check: 2007-10-21)
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.
At his Posse Web site, Kreis calls "the occupying forces" of the "zionist [sic] or jewish [sic] occupied government" the enemies of "We the People" and describes them as the reason that the government has "grossly overstepped its bounds." Expressing his desire to establish an Identity-based theocracy in their place, he writes:
www.adl.org /poisoning_web/posse.asp   (518 words)

  
 1878 Military Law Gets New Attention, 11/24/01
The law, known as the Posse Comitatus Act, was championed by Southern lawmakers in 1878 who were angry about the widespread use of the Army in post-Civil War law enforcement.
Those roles could be varied, such as helping local law enforcement in the event of a terrorist attack, patrolling the nation's borders or serving as armed sky marshals aboard flights over the United States.
Any amendment to loosen Posse Comitatus would be strictly pro forma, he says, because as it's now construed, the statute has enough wiggle room for the government to use the military for domestic action as it sees fit.
www.ratical.org /ratville/CAH/linkscopy/1878PCact.html   (698 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)

  
 [No title]   (Site not responding. Last check: 2007-10-21)
The complaint alleges, among other things, that the defendants seized and confined plaintiffs within an "armed perimeter" by the unlawful use of military force, and that this conduct violated not only a federal statute but also the Fourth Amendment.
The use of federal military force, plaintiffs argue, without lawful authority and in violation of the Posse Comitatus Act, 18 U.S.C. s 1385, was an "unreasonable" seizure of their persons within the meaning of the Fourth Amendment.
We hold that the complaint states a claim upon which relief may be granted.
www.logicsouth.com /~lcoble/lfnv/possecom.txt   (126 words)

  
 Posse Comitatus
The Posse Comitatus, or civil power, was a survey of all men capable of acting in a military capacity who were not either Quakers, clergymen or already serving in a military unit.
Buckinghamshire is the only county for which a complete copy of the Posse Comitatus exists.
It seems likely that the Buckinghamshire record office copy was a working compilation from parish returns, and the British Library copy a presentation version.
www.mkheritage.co.uk /hdhs/census/PosseComitatus1798Background.asp   (258 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.
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.
In Norman England, the posse comitatus also had a military character and could be called out to defend the kingdom against insurrection and invasion.
law.wustl.edu /WULQ/75-2/752-10.html   (13675 words)

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