National Guard RFI

#5
"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. Limit on use of military for civilian law enforcement also applies to Navy by regulation. 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). For example, Coast Guard Law Enforcement Detachments (LEDETS) serve aboard Navy vessels and perform the actual boardings of interdicted suspect drug smuggling vessels and, if needed, arrest their crews). Positive results have been realized especially from Navy ship/aircraft involvement.
How very interesting
 
#6
My definition is better

Posse Comitatus Act

Section 1385 of Title 18, United States Code (USC), states:

“Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or 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 PCA does not apply to the U.S. Coast Guard in peacetime or to the National Guard in Title 32 or State Active Duty status. The substantive prohibitions of the Posse Comitatus Act (PCA) were extended to all the services with the enactment of Title 10 USC, Section 375. As required by Title 10 USC, Section 375 the secretary of defense issued Department of Defense Directive 5525.5, which precludes members of the Army, Navy, Air Force, or Marine Corps from direct participation in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.

The PCA generally prohibits U.S. military personnel from direct participation in law enforcement activities. Some of those law enforcement activities would include interdicting vehicles, vessels, and aircraft; conducting surveillance, searches, pursuit and seizures; or making arrests on behalf of civilian law enforcement authorities. Prohibiting direct military involvement in law enforcement is in keeping with long-standing U.S. law and policy limiting the military’s role in domestic affairs.

The United States Congress has enacted a number of exceptions to the PCA that allow the military, in certain situations, to assist civilian law enforcement agencies in enforcing the laws of the U.S. The most common example is counterdrug assistance (Title 10 USC, Sections 371-381). Other examples include:

The Insurrection Act (Title 10 USC, Sections 331-335). This act allows the president to use U.S. military personnel at the request of a state legislature or governor to suppress insurrections. It also allows the president to use federal troops to enforce federal laws when rebellion against the authority of the U.S. makes it impracticable to enforce the laws of the U.S.
Assistance in the case of crimes involving nuclear materials (Title 18 USC, Section 831). This statute permits DoD personnel to assist the Justice Department in enforcing prohibitions regarding nuclear materials, when the attorney general and the secretary of defense jointly determine that an “emergency situation” exists that poses a serious threat to U.S. interests and is beyond the capability of civilian law enforcement agencies.
Emergency situations involving chemical or biological weapons of mass destruction (Title 10 USC, Section 382). When the attorney general and the secretary of defense jointly determine that an “emergency situation” exists that poses a serious threat to U.S. interests and is beyond the capability of civilian law enforcement agencies. DoD personnel may assist the Justice Department in enforcing prohibitions regarding biological or chemical weapons of mass destruction.
Military support to civilian law enforcement is carried out in strict compliance with the Constitution and U.S. laws and under the direction of the president and secretary of defense.
 
#7
Something to do with how the US military may be employed; when and under what budgetary restrictions, I believe.

Much play was made of it during the fiasco in Waco.

I'm off to Google for it now....
 
#8
The reason I asked in the first place is that I have seen mentioned it in relation to the events unfolding on the Gulf Coast and the deployment of National Guard units there.
 
#9
The National Guard is exempt from Posse Comitatus as one of its missions is to respond to state disasters.
The federal government has deployed the Army in riot situations where it was felt the NG may not be up to the challenge. In the Detroit riots in 1967 4700 paratroopers were deployed into the city to restore order.
 
#10
The 82nd was sent to St Pete Aug 92 after hurricane Andrew. 1957 the Governor of Arkansas deploys the National Guard to prevent black kids from going to school, President Eisenhower federalized the Guard troops oredered them to protect the kids and to show he wasnt f@#kin about sent the 101st Airborne down there to ensure the Arkansians got the message. That shows a good bit of the powers of the governor and state govt vis a vis guard units-they have control of the guard until federalized then control is turned over to the federal govt and president. The last time it didnt go as planned was at fort Sumnter.
 
#11
tomahawk6 said:
In the Detroit riots in 1967 4700 paratroopers were deployed into the city to restore order.
I understand all those words individually, but put together??
 
#12
I will clarify it for you with some punctuation.

In the Detroit riots in 1967, 4700 paratroopers were deployed into the city to restore order.

4700 paratroopers in Detroit = Law and Order
 

Similar threads

Latest Threads