The Posse Comitatus Act And The United States Army
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The Posse Comitatus Act and the United States Army by Combat Studies Institute Press,Matt Matthews Pdf
Anytime the use of US Armed Forces in support of civil authorities is considered, government and military leaders, pundits, and citizens reflexively turn to the Posse Comitatus Act for guidance. Since 9/11, the US Armed Forces face an increased likelihood that they will be called on to participate in actions typically viewed as civil matters. Many have also called for an increased role for the US Armed Forces in responding to natural disasters. Though many constitutional provisions, laws, and legal rulings govern this question, in the minds of many, the Posse Comitatus Act has prominence. Most individuals think they know what the Posse Comitatus Act allows and disallows; most of them are wrong.
The Posse Comitatus Act and Related Matters by Bonnie Baker,Charles Doyle Pdf
The Posse Comitatus Act states that: Whoever, except in cases and under circumstances expressly authorised by the Constitution or Act of Congress, wilfully uses any part of the Army or the Air Force 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. This Act reflects an American tradition that bridles at military involvement in civilian affairs. Congress, however has approved a number of instances where extraordinary circumstances warrant a departure from the general rule, particularly in cases where the armed forces provide civilian assistance without becoming directly involved in civilian law enforcement. This compelling book provides a brief background along with current issues that highlight the Act by drawing attention to its existence and importance. CONTENTS: Preface; The Origins of the Posse Comitatus; The Posse Comitatus Act and Related Matters: A Sketch; The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law; Index.
The Posse Comitatus ACT and Related Matters by Jennifer K. Elsea Pdf
The Constitution permits Congress to authorize the use of the militia "to execute the Laws of the Union, suppress Insurrections and repel Invasions." And it guarantees the states protection against invasion or usurpation of their "republican form of government," and, upon the request of the state legislature, against "domestic violence." These constitutional provisions are reflected in the Insurrection Acts, which have been invoked numerous times both before and after passage of the Posse Comitatus Act, 18 U.S.C. Section 1385, in 1878. Congress has also enacted a number of statutes that authorize the use of land and naval forces to execute their objective. The Posse Comitatus Act outlaws the willful use of any part of the Army or Air Force to execute the law unless expressly authorized by the Constitution or an act of Congress. History supplies the grist for an argument that the Constitution prohibits military involvement in civilian affairs subject to only limited alterations by Congress or the President, but the courts do not appear to have ever accepted the argument unless violation of more explicit constitutional command could also be shown. The express statutory exceptions include the legislation that allows the President to use military force to suppress insurrection or to enforce federal authority, 10 U.S.C. Sections 251-255, and laws that permit the Department of Defense to provide federal, state and local police with information, equipment, and personnel, 10 U.S.C. §§ 271-284. Case law indicates that "execution of the law" in violation of the Posse Comitatus Act occurs (a) when the Armed Forces perform tasks assigned to an organ of civil government, or (b) when the Armed Forces perform tasks assigned to them solely for purposes of civilian government. Questions concerning the act's application arise most often in the context of assistance to civilian police. At least in this context, the courts have held that, absent a recognized exception, the Posse Comitatus Act is violated when (1) civilian law enforcement officials make "direct active use" of military investigators; or (2) the use of the military "pervades the activities" of the civilian officials; or (3) the military is used so as to subject "citizens to the exercise of military power which was regulatory, prescriptive, or compulsory in nature." The act is not violated when the Armed Forces conduct activities for a military purpose. The language of the act mentions only the Army and the Air Force, but it is applicable to the Navy and Marines by virtue of administrative action and commands of other laws. The law enforcement functions of the Coast Guard have been expressly authorized by act of Congress and consequently cannot be said to be contrary to the act. The act has been applied to the National Guard when it is in federal service, to civilian employees of the Armed Forces, and to off-duty military personnel. The act probably only applies within the geographical confines of the United States, but supplemental provisions of 10 U.S.C. §§ 271-284 appear to apply worldwide. Finally, the act is a criminal statute under which there has been but a handful of known prosecutions. Although violations will on rare occasions result in the exclusion of evidence, the dismissal of criminal charges, or a civil cause of action, as a practical matter compliance is ordinarily the result of military self-restraint. This report provides an historical analysis of the use of the Armed Forces to execute domestic law and of the Posse Comitatus Act, including their apparent theoretical and constitutional underpinnings. The report then outlines the current application of the act as well as its statutory exceptions, and reviews the consequences of its violation.
The Posse Comitatus Act and Related Matters by Jennifer Elsea Pdf
The Posse Comitatus Act states that: 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 under this title or imprisoned not more than two years, or both. 18 U.S.C. § 1385. It reflects an American tradition that bridles at military involvement in civilian affairs. Congress, however, has approved a number of instances where extraordinary circumstances warrant a departure from the general rule, particularly in cases where the armed forces provide civilian assistance without becoming directly involved in civilian law enforcement. This is an abridged version of CRS Report R42659, The Posse Comitatus Act and related matters : the use of the military to execute civilian law, in which the authorities for the statements made here may be found.
The Posse Comitatus Act and Related Matters: A Sketch by Anonim Pdf
The Posse Comitatus Act states that: 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 under this title or imprisoned not more than two years, or both. 18 U.S.C. 1385. It reflects an American tradition that bridles at military involvement in civilian affairs. Congress, however, has approved a number of instances where extraordinary circumstances warrant a departure from the general rule, particularly in cases where the armed forces provide civilian assistance without becoming directly involved in civilian law enforcement. This is an abridged version of The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law, CRS Report 95-964 in which the authorities for the statements made here may be found. This report summarizes proposed bills that could result in increased interaction between military and civil authorities. (H.R. 1986, H.R. 1815, S. 1042, S. 1043).
Should the Posse Comitatus Act Be Changed to Effectively Support Local Law Enforcement? by U.s. Army War College Pdf
The Posse Comitatus Act was created to limit the military's role in civilian law enforcement. The original act was passed in June 1878 as part of the Army appropriation bill. The National Security Act of 1947 further directed the Secretary of Defense to publish regulations that do not permit direct participation by the Army or Air Forces in search, seizure, arrest, or other similar activities, except when permitted by law. The Posse Comitatus Act does not apply the National Guard formation while under state control and therefore allows governors the flexibility to utilize the Guard in support of law enforcement missions. This exception is lost once National Guard formations are called to serve on Active Duty. This book will explore the history of the use of a Posse Comitatus before and during the Revolutionary War, the Civil War, and present day situations. The book will examine when the Posse Comitatus Act applies and when it does not apply to active duty and National Guard formations. Exceptions to the law which have been granted by Congress for counter drug operations, suppression of insurrection and emergency situations related to weapons of mass destruction will also be examined. Three situations will be examined in detail including the Los Angeles Riots in 1992, the World Trade Organization Ministerial Conference in Seattle in 1999, and the use of Military Police in Samson, Alabama in 2009. Finally, this book will examine command and control issues related to the use of Federal Armed forces in support of local law enforcement. The Posse Comitatus Act restricts the Federal Government in all but extraordinary situations. Its intent to limit federal involvement in domestic affairs is still sound. In the future, commanders at all levels should be required to receive training on the Posse Comitatus Act to ensure understanding and intent. Congress should consider allowing active duty units to serve under state command and control and the Posse Comitatus Act should be left as a federal law.
The role of federal military forces in domestic disorders, 1877-1945 by Clayton D. Laurie Pdf
CMH 30-15. Army Historical Series. 2nd of three planned volumes on the history of Army domestic support operations. This volume encompasses the period of the rise of industrial America with attendant social dislocation and strife. Major themes are: the evolution of the Army's role in domestic support operations; its strict adherence to law; and the disciplined manner in which it conducted these difficult and often unpopular operations.
The Role of Federal Military Forces in Domestic Disorders, 1789-1878 by Robert W. Coakley Pdf
Describes the essential elements of the incidents from the Whiskey Rebellion in 1794 to the Reconstruction that followed the Civil War and the ways in which federal military force was applied in each case. Includes: the Fries Rebellion, the Burr Conspiracy, Slave Rebellions, the Nullification Crisis, the Chesapeake and Ohio Canal Riots, the 3Buckshot War2, the Patriot War, the Dorr Rebellion, the Army as Posse Comitatus, San Francisco Vigilantes, the Utah Expedition, the Civil War, etc. Extensive bibliography. Index. Full-color and b&w photos and maps.
National Research Council,Division on Engineering and Physical Sciences,Board on Army Science and Technology,Committee on Army Science and Technology for Homeland Defense
Author : National Research Council,Division on Engineering and Physical Sciences,Board on Army Science and Technology,Committee on Army Science and Technology for Homeland Defense Publisher : National Academies Press Page : 184 pages File Size : 55,9 Mb Release : 2003-05-08 Category : Technology & Engineering ISBN : 9780309087018
Science and Technology for Army Homeland Security by National Research Council,Division on Engineering and Physical Sciences,Board on Army Science and Technology,Committee on Army Science and Technology for Homeland Defense Pdf
The confluence of the September 11, 2001 terrorist attack and the U.S. Army's historic role to support civil authorities has resulted in substantial new challenges for the Army. To help meet these challenges, the Assistant Secretary of the Army for Research and Technology requested the National Research Council (NRC) carry out a series of studies on how science and technology could assist the Army prepare for its role in homeland security (HLS). The NRC's Board on Army Science and Technology formed the Committee on Army Science and Technology for Homeland Security to accomplish that assignment. The Committee was asked to review relevant literature and activities, determine areas of emphasis for Army S&T in support of counter terrorism and anti-terrorism, and recommend high-payoff technologies to help the Army fulfill its mission. The Department of Defense Counter-Terrorism Technology Task Force identified four operational areas in reviewing technical proposals for HLS operations: indications and warning; denial and survivability; recovery and consequence management; and attribution and retaliation. The study sponsor asked the Committee to use these four areas as the basis for its assessment of the science and technology (S&T) that will be important for the Army's HLS role. Overall, the Committee found that: There is potential for substantial synergy between S&T work carried out by the Army for its HLS responsibilities and the development of the next generation Army, the Objective Force. The Army National Guard (ARNG) is critical to the success of the Army's HLS efforts.
The Origins of the American Military Coup Of 2012 by Charles J. Dunlap, Jr. Pdf
1. As you know, in the last few months since the President's death and the abrupt retirement of the Vice President, there have been some instances of public unrest. I fully appreciate that the threat of disorder occasioned by the absence of a Chief Executive precipitated your assumption of power as Commander-in-Chief, UAFUS, and your designation of yourself as permanent Military Plenipotentiary of the United States. It is obvious to me that strong leadership is needed in these troubled times. Indeed, I am convinced that it was inept civilian leadership that caused our defeat in the Second Gulf War. 2. Despite the approval of your actions by The Referendum, it was still necessary to make several arrests for acts of sedition. One of these traitors, I am sorry to say, is a retired officer and a 1992 graduate of the National War College. The officer, Prisoner 222305759, has been convicted by court-martial and is awaiting execution. In violation of my standing orders, the prisoner was allowed writing materials. Somehow he managed to draft a letter to a fellow alumnus chronicling what he calls the "Origins of the American Military Coup of 2012." By hand-writing the letter he defeated the electroscriber scanners we placed in his cell. Fortunately, our security forces were still able to intercept it. 3. Because of its potential interest to you, a copy of the prisoner's letter is attached. As the document indicates, the prisoner evidently had secreted into the stockade old notes, articles, and newspaper clippings he saved from his War College days. These documents were recovered in a search of the prisoner's cell. For your edification, I have had an intelligence agent analyze them and annotate your copy of the letter with endnotes citing these references where appropriate. 4. Upon receipt of your order affirming the sentence of the court, Prisoner 222305759 will be executed in accordance with applicable directives. /s/ Ben N. Dykarnilt General, UAFUS
Author : United States. Department of the Army Publisher : Unknown Page : 674 pages File Size : 42,5 Mb Release : 1965 Category : Courts-martial and courts of inquiry ISBN : MINN:31951D00618310O
A Legal Guide to Homeland Security and Emergency Management for State and Local Governments by Ernest B. Abbott Pdf
This book provides a number of windows into homeland security and emergency management law - covering both the basic structure of the homeland security and emergency management system and presenting detailed analysis of specific areas (such as applying for federal preparedness funds, negotiating intergovernmental agreements, applying for disaster assistance, and managing the impact of catastrophic events).
Preparing the U.S. Army for Homeland Security by Eric Victor Larson,John E. Peters Pdf
Although military policy seems focused on overseas threats, defending the homeland is, of course, the ultimate objective. This guide examines emergent threats to the USA homeland such as speciality weapons, cyber attacks and ballistic missiles and delineates the army's responsibilities.
