It being therefore evident that the supposition of a want of power to require the aid of the POSSE COMITATUS
is entirely destitute of color, it will follow, that the conclusion which has been drawn from it, in its application to the authority of the federal government over the militia, is as uncandid as it is illogical.
A good deal was said about sending for the sheriff; some hints were given about calling out the posse comitatus
to avenge the insulted laws; and many of the citizens were collected, deliberating how to proceed.
They are the standing army, and the militia, jailers, constables, posse comitatus
The story of the posse comitatus
in this Article provides additional perspective on the dual nature of the right/duty to keep and bear arms.
Whereas America's Posse Comitatus
Act specifically bans the U.
The 1878 Posse Comitatus
Act prevents the president from sending in the National Guard without a request by a governor--see the chapter on Hurricane Katrina.
The expert said that "in the Argentine case, since the advent of democracy (following the dictatorship of 1976-1983) and in the United States through the Posse Comitatus
Act of 1878 (which established strict limits on the federal government's use of the military as a police force) there is a clear distinction of functions and attributions between defense and domestic security," something that Lousteau seems to ignore.
takes a fresh look at the merging of military capabilities in law enforcement and the potential implications for the Posse Comitatus
From this point of view, September 11 represented an important landmark, because it introduced supervisions without mandate, detentions without mandate, including the restraining, without precedent, of habeas corpus, and the restraining of the laws posse comitatus
which forbade the use of the soldiers in the enforcement of the internal policies of USA.
The great irony is that the pervasive presence of contractors doing military and governmental functions dissipates the Posse Comitatus
Areas of discussion include a brief history of domestic operations--including the authorizations and limitations of the Stafford Act--the Posse Comitatus
Act, the Insurrection Act, and the commander's use of intelligence collection assets in DSCA operations, along with some examples.
The endowment of such a power to the president by the Congress is nothing less than a de facto legislative repeal of the Posse Comitatus
Act of 1878, the law forbidding the use of the military in domestic law enforcement.