Thread: The Posse Comitatus Act of 1878

That was a special Marine unit that killed the young boy on the border. Thought he was part of drug war and that he shot at them. It appears they did make a mistake.

As far as Posse Comitatus and any authority to use NG, I keep reading and everything I read says that the Presidents power as Commander & Chief overrides all other authority. He has the power to act to protect this country at all times. You notice that no Democratic or other Senator has ever challenged the Presidents authority...only said they do not agree. If you read the Posse Act it states that this act does not stop the President to act when he thinks it is necessary. Also, If you read the act controlling the National Guard it gives final power to the President as Commander & Chief. Kennedy took no votes to use the military to blockade Cuba....he did this on his soul authority. There are many acts that state limitations to power, but these are all negated by the Presidents Constitutional power to protect the security of this country. Congress can override with 2/3 majority, but that never happens.

Also, no where does it say the President must get a vote or opinion about any security breech. It leaves it to the President to define if he feels there is a security risk. Of course he will have to answer after the act if he is not on good ground to protect this country. It is only policy not law that stops federal troops from protecting our borders.

If you see one terrorist act occur because of weak border security then you will see armed federal troops on the border overnight.

Yes the ACLU has complained the President is violating the spirit of the Posse Comitatus Act, but they say only spirit because they know the final part of the act does give the President the final power to override.

One more point on the Posse Comitatus Act, then I will shut-up.

Everyone talks about civil law enforcement when they discuss the
Posse Comitatus Act, but the US Border Patrol they are supporting are federal police officers....not civil.

I didn't really know the real circumstances of the shooting of the young boy - I do know it has been used time and time again as a reason NOT to use military on the border. As tragic as it is, if it was a mistake, many tragedies are occurring on a daily basis in American because of the illegals.

We had troops on the border during WWII - and inland on the bridges -

It can be done - my Goodness, he keeps saying we are fighting a war on terror - but we must leave our doors and windows open and the Welcome sign on ?????

There are so many ways = so many ways that can be used to fix this problem - but this PResident and the majority, it seems, in congress are totally unwilling to use them.

There was a program last night reviewing the shooting of the young boy. The Marines where helping Border Patrol to intercept drug smugglers on the Texas border. It was a small Marine unit. The boy had a small caliber rifle and I think was just target shooting. Anyway, the Marines yelled at him and the thought he shot at them at about 100 yards distance. The Marines shot back and killed the boy. I think his father did win a law suit against the Government. I don't think the law suit stopped the use of federal troops, just accused this Marine unit of negligence.

I truly didn't know - just have read snippets of it.

I saw Tommy Lee Jones talking about a movie he has made and it sounded much like this incident - didn't listen to all of it.

But you are saying the Marines were helping intercept drug smugglers? Are they still doing it?

Why can they help with drug smuggling and not people crossing illegally?

Changing laws to fit a particular instances can be dangerous. Every law that benefits us today could be detrimental to us tomorrow. Besides, we don't need to change the Posse Comitatus law, we need to change the President.

But you are saying the Marines were helping intercept drug smugglers? Are they still doing it?

Yes, they were helping. This unit was like a SWAT team. They had night vision etc. They stopped due to this incident. Well, they still proved some surveillance duties.

Also, the Coast Guard are federal troops and they engage and stop illegals on a daily basis.

one thing is for sure, we all agree the border needs to be secure and Congress was delegated the power to 'call forth the militia' to 'REPEL INVASION'


the President says the NG cannot apprehend, detain or deport these illegals crossing the border -- he is treating border security and repelling invasion as though it were enforcing "immigration" laws. IMHO, these are in fact not the same thing -- the Posse Comitatus Act is referring to 'executing the laws' of the United States

the Constitution guarantees to the people and the states that the federal government will protect them against invasion and no act of Congress can alter that provision without an amendment.

Oh, it can be done and without repealing anything.

We can get them back home - or most of them - and we can handle this problem - as big as they have let it get.

THEY are not going to do anything - it is time we reach that conclusion.

The House might still do something -

Originally Posted by nntrixie

Oh, it can be done and without repealing anything.

We can get them back home - or most of them - and we can handle this problem - as big as they have let it get.

THEY are not going to do anything - it is time we reach that conclusion.

The House might still do something -

are you talking about the bringing the troops home from Iraq?