Thread: The Posse Comitatus Act of 1878

The Origins of the Posse Comitatus

http://www.airpower.maxwell.af.mil/airc ... aker1.html

Another good article on Posse Comitatus. This law needs to be removed or changed. The issues it was intended to address no longer exist and there is a lot of good the military could do towards law enforcment.

Originally Posted by JohnB2012

The Origins of the Posse Comitatus

http://www.airpower.maxwell.af.mil/airc ... aker1.html

Another good article on Posse Comitatus. This law needs to be removed or changed. The issues it was intended to address no longer exist and there is a lot of good the military could do towards law enforcment.

I couldn't disagree more.

Goodness no - we don't need the military used against citizens.

Guarding an international border is an entirely different thing.

If I remember correctly, I saw video of the Guard and Army and they were armed when patrolling Katrina area. Also, I believe they did detain some people.

Originally Posted by CrocketsGhost

Originally Posted by JohnB2012

The Origins of the Posse Comitatus

http://www.airpower.maxwell.af.mil/airc ... aker1.html

Another good article on Posse Comitatus. This law needs to be removed or changed. The issues it was intended to address no longer exist and there is a lot of good the military could do towards law enforcment.

I couldn't disagree more.

the Posse Comitatus was referring to the REGULAR Army, NOT the militia. The Constitution provides that the "militia" could be called by Congress to "repel invasion"

Originally Posted by Mamie

Originally Posted by CrocketsGhost

Originally Posted by JohnB2012

The Origins of the Posse Comitatus

http://www.airpower.maxwell.af.mil/airc ... aker1.html

Another good article on Posse Comitatus. This law needs to be removed or changed. The issues it was intended to address no longer exist and there is a lot of good the military could do towards law enforcment.

I couldn't disagree more.

the Posse Comitatus was referring to the REGULAR Army, NOT the militia. The Constitution provides that the "militia" could be called by Congress to "repel invasion"

When the militia is called up by the federal military, as in this case, it IS the regular military. The Guard is only the militia when operating in-state under orders of the governor. Don't they teach this stuff in school any more?

You should perhaps review the origin of the National Guard itself. The states were originally free to create their own militia and dictate required training, etc. The National Guard was created as a replacement for the real militia so that the federal government would have more direct control of it.

Originally Posted by CrocketsGhost

When the militia is called up by the federal military, as in this case, it IS the regular military. The Guard is only the militia when operating in-state under orders of the governor. Don't they teach this stuff in school any more?

You should perhaps review the origin of the National Guard itself. The states were originally free to create their own militia and dictate required training, etc. The National Guard was created as a replacement for the real militia so that the federal government would have more direct control of it.

actually, they didn't teach anything about the military and if they did, it was so long ago I wouldn't have remembered.

my original

The Posse Comitatus Act prohibits the REGULAR military or the 'federalized' National Guard/Reserves from executing the laws of the United States NOT the state militia's or the National Guard/Reserves under the command of the Governors of the States.

maybe I should have made 2 paragraphs instead of 1 when responding to your post. I was agreeing with you and my intended point was Congress does in fact have the authority to 'call forth the militia' to repel invasion and therefore does not have to repeal the act, I'm sorry my ignorance offended you.

the Posse Comitatus was referring to the REGULAR Army, NOT the militia.

The Constitution provides that the "militia" could be called by Congress to "repel invasion"

Originally Posted by Mamie

Originally Posted by CrocketsGhost

When the militia is called up by the federal military, as in this case, it IS the regular military. The Guard is only the militia when operating in-state under orders of the governor. Don't they teach this stuff in school any more?

You should perhaps review the origin of the National Guard itself. The states were originally free to create their own militia and dictate required training, etc. The National Guard was created as a replacement for the real militia so that the federal government would have more direct control of it.

actually, they didn't teach anything about the military and if they did, it was so long ago I wouldn't have remembered.

my original

The Posse Comitatus Act prohibits the REGULAR military or the 'federalized' National Guard/Reserves from executing the laws of the United States NOT the state militia's or the National Guard/Reserves under the command of the Governors of the States.

maybe I should have made 2 paragraphs instead of 1 when responding to your post. I was agreeing with you and my intended point was Congress does in fact have the authority to 'call forth the militia' to repel invasion and therefore does not have to repeal the act, I'm sorry my ignorance offended you.


[quote:1h9zesj6]the Posse Comitatus was referring to the REGULAR Army, NOT the militia.

The Constitution provides that the "militia" could be called by Congress to "repel invasion"

[/quote:1h9zesj6]
No offense. I was just clarifying.

Originally Posted by CrocketsGhost

No offense. I was just clarifying.

I think we're all trying to figure this thing out. During the redestruction of the south, the 'regular' army was being used to 'execute the laws' not the militia and under the Constitution only the militia could be used to 'execute the laws.' Then the Posse Comitatus Act of 1878 was passed which prohibited using the 'regular' army -- clarifying that position.

An act of Congress which federalized the National Guard created the confusion -- we're just trying to sort it out.

Under the Constitution Congress SHALL, not maybe or when the mood strikes them, call for the militia to 'repel invasions.'

The Posse Comitatus Act of 1878 only using the regular army to 'execute the laws' and did not prohibit using the militia or Natonal Guard for border security -- it could not amend the Constitution. But there are alot of things Congress has done concerning the militia and National Guard that are unconstitutional.

I believe the NG was on the border for a short time a few years ago, wasn't it?


I absolutely can't remember the circumtances, but there was a young boy that was killed -


They were also on the border at gates, etc., immediately following 9/11.

But Posse Comitatus or not - we are looking at an international border. It isn't a state border. It would seem that guarding our international border is exactly what a military is supposed to do. I would think that is the FIRST job of a military. Are we to expect our enemies to always be on the other side of the world? Of course not, so protecting this country and its borders just has to be the #1 job of the military.

Now I think the real argument is - how are we going to get the PResident to do this - since he refuses to enforce ANY of the laws regarding illegal immigration.

That's the point - there are many, many ways this could be handled - it's getting someone in authority to do it.