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05-15-2006, 11:35 PM #1
The Posse Comitatus Act of 1878
The Posse Comitatus Act of 1878
“the power of the county”
SEC. 15. From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section And any person willfully violating the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by fine not exceeding ten thousand dollars or imprisonment not exceeding two years or by both such fine and imprisonment.
18 U.S.C. 1385
Sec. 1385. Use of Army and Air Force as 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 under this title or imprisoned not more than two years, or both.
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."Those who cannot learn from history are doomed to repeat it" George Santayana "Deo Vindice"
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