In order to cast an odium upon the power of calling forth the militia to execute the laws of the Union, it has been remarked that there is nowhere any provision in the proposed Constitution for calling out the POSSE COMITATUS
, to assist the magistrate in the execution of his duty, whence it has been inferred, that military force was intended to be his only auxiliary.
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 Posse Comitatus
Act, a federal law on the books since the 1870s, restricts using the U.S.
The order to allow the military to use lethal force will likely be challenged in court, with activists saying it would violate the 1878 Posse Comitatus
Act which bars active military from engaging in domestic law enforcement.
official said the troops' role will be designed so that the Posse Comitatus
Act, a federal law that limits the use of the military for domestic law enforcement operations, is not violated.
Code, Title 18, Crimes and Criminal Procedure, Section 1385, "Posse Comitatus
Whereas America's Posse Comitatus
Act specifically bans the U.S.
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.
It invokes the needs of the armed forces, although on a following line item, it places Argentine-US 'cooperation' in the context of the global fight against problems such as terrorism, drug trafficking, and organized crime that, in reality, are major security challenges." 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.
Dowell, Jr., takes a fresh look at the merging of military capabilities in law enforcement and the potential implications for the Posse Comitatus