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Author: Combat Studies Institute Press
Publisher:
ISBN: 9781081225001
Category :
Languages : en
Pages : 94
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Book Description
Anytime the use of US Armed Forces in support of civil authorities is considered, government and military leaders, pundits, and citizens reflexively turn to the Posse Comitatus Act for guidance. Since 9/11, the US Armed Forces face an increased likelihood that they will be called on to participate in actions typically viewed as civil matters. Many have also called for an increased role for the US Armed Forces in responding to natural disasters. Though many constitutional provisions, laws, and legal rulings govern this question, in the minds of many, the Posse Comitatus Act has prominence. Most individuals think they know what the Posse Comitatus Act allows and disallows; most of them are wrong.
Author: Combat Studies Institute Press
Publisher:
ISBN: 9781081225001
Category :
Languages : en
Pages : 94
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Book Description
Anytime the use of US Armed Forces in support of civil authorities is considered, government and military leaders, pundits, and citizens reflexively turn to the Posse Comitatus Act for guidance. Since 9/11, the US Armed Forces face an increased likelihood that they will be called on to participate in actions typically viewed as civil matters. Many have also called for an increased role for the US Armed Forces in responding to natural disasters. Though many constitutional provisions, laws, and legal rulings govern this question, in the minds of many, the Posse Comitatus Act has prominence. Most individuals think they know what the Posse Comitatus Act allows and disallows; most of them are wrong.
Author: Matt Matthews
Publisher:
ISBN:
Category : Law enforcement
Languages : en
Pages : 85
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Book Description
Author: Matt Matthews
Publisher: CreateSpace
ISBN: 9781478159803
Category : History
Languages : en
Pages : 94
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Book Description
Anytime the use of US Armed Forces in support of civil authorizes is considered, government and military leaders, pundits, and citizens reflexively turn to the Posse Comitatus Act for guidance. Since 9/11, the US Armed Forces face an increased likelihood that they will be called on to participate in actions typically viewed as civil matters. Many have also called for an increased role for the US Armed Forces in responding to natural disasters. Though many constitutional provisions, laws, and legal ruling govern this question, in the minds of many, the Posse Comitatus Act has prominence. Most individuals think they know what the Posse Comitatus Act allows and disallows; most of them are wrong. Before 1878, the use of the US Army in support of and at times instead of civil law enforcement was rare; however, it was not considered unlawful. The Civil War and Reconstruction forced a reexamination of those precedents and the legal principles behind them. After the passage of the Posse Comitatus Act in 1878, the Armed Forces have been called on much less frequently to conduct civil law enforcement duties. When employed, their use has been controversial, and the constitutional basis for their use has been challenged in the media, in politics, and in the courts. In this monograph, Matt Matthews provides an insightful overview of the passage of the PCA during the Reconstruction era. He then reviews case studies in which the armed forces were called on to support civil authorities and examines how military leaders dealt with the provisions of the act. Finally, Mr. Matthews calls for a much-needed review of the act, now more than 125 years old. This monograph will be a useful read to military and civilian professionals also who will likely be called onto make critical decisions regarding the use of US Armed Forces in support of civil authorities.~
Author: U. S. Military
Publisher:
ISBN: 9781980819257
Category :
Languages : en
Pages : 75
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Book Description
Anytime the use of US Armed Forces in support of civil authorities is considered, government and military leaders, pundits, and citizens reflexively turn to the Posse Comitatus Act for guidance. Since 9/11, the US Armed Forces face an increased likelihood that they will be called on to participate in actions typically viewed as civil matters. Many have also called for an increased role for the US Armed Forces in responding to natural disasters. Though many constitutional provisions, laws, and legal rulings govern this question, in the minds of many, the Posse Comitatus Act has prominence. Most individuals think they know what the Posse Comitatus Act allows and disallows; most of them are wrong. Before 1878, the use of the US Army in support of and at times instead of civil law enforcement was rare; however, it was not considered unlawful. The Civil War and Reconstruction forced a reexamination of those precedents and the legal principles behind them. After the passage of the Posse Comitatus Act in 1878, the Armed Forces have been called on much less frequently to conduct civil law enforcement duties. When employed, their use has been controversial, and the constitutional basis for their use has been challenged in the media, in politics, and in the courts. In this monograph, Matt Matthews provides an insightful overview of the passage of the PCA during the Reconstruction era. He then reviews case studies in which the armed forces were called on to support civil authorities and examines how military leaders dealt with the provisions of the act. Finally, Mr. Matthews calls for a much-needed review of the act, now more than 125 years old. This monograph will be a useful read for military and civilian professionals alike who will likely be called on to make critical decisions regarding the use of US Armed Forces in support of civil authorities. CSI-The Past is Prologue. Chapter 1 - The Army as a Posse Comitatus from 1787 to 1865 * The Constitution * The Judiciary Act and the Calling Forth Act * The Whiskey Rebellion * From Adams to Tyler * The Army and the Fugitive Slave Act * Chapter 2 - Reconstruction and the True Origins of the Posse Comitatus Act * Presidential Reconstruction * Congressional Reconstruction * President U.S. Grant Strikes Back * The End of Reconstruction and the Passage of the Posse Comitatus Act * Chapter 3 - Posse Comitatus Act Causes Confusion * Chapter 4 - The 1992 Los Angeles Riots and the Posse Comitatus Act * Chapter 5 - The Posse Comitatus Act and the Assault on the Branch Davidian Compound * Chapter 6 - Conclusions
Author: Bonnie Baker
Publisher: Nova Biomedical Books
ISBN: 9781590337219
Category : Civil-military relations
Languages : en
Pages : 0
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Book Description
The Posse Comitatus Act states that: Whoever, except in cases and under circumstances expressly authorised by the Constitution or Act of Congress, wilfully 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. This Act reflects an American tradition that bridles at military involvement in civilian affairs. Congress, however has approved a number of instances where extraordinary circumstances warrant a departure from the general rule, particularly in cases where the armed forces provide civilian assistance without becoming directly involved in civilian law enforcement. This compelling book provides a brief background along with current issues that highlight the Act by drawing attention to its existence and importance. CONTENTS: Preface; The Origins of the Posse Comitatus; The Posse Comitatus Act and Related Matters: A Sketch; The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law; Index.
Author: Jennifer K. Elsea
Publisher: Independently Published
ISBN: 9781790726332
Category :
Languages : en
Pages : 78
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Book Description
The Constitution permits Congress to authorize the use of the militia "to execute the Laws of the Union, suppress Insurrections and repel Invasions." And it guarantees the states protection against invasion or usurpation of their "republican form of government," and, upon the request of the state legislature, against "domestic violence." These constitutional provisions are reflected in the Insurrection Acts, which have been invoked numerous times both before and after passage of the Posse Comitatus Act, 18 U.S.C. Section 1385, in 1878. Congress has also enacted a number of statutes that authorize the use of land and naval forces to execute their objective. The Posse Comitatus Act outlaws the willful use of any part of the Army or Air Force to execute the law unless expressly authorized by the Constitution or an act of Congress. History supplies the grist for an argument that the Constitution prohibits military involvement in civilian affairs subject to only limited alterations by Congress or the President, but the courts do not appear to have ever accepted the argument unless violation of more explicit constitutional command could also be shown. The express statutory exceptions include the legislation that allows the President to use military force to suppress insurrection or to enforce federal authority, 10 U.S.C. Sections 251-255, and laws that permit the Department of Defense to provide federal, state and local police with information, equipment, and personnel, 10 U.S.C. §§ 271-284. Case law indicates that "execution of the law" in violation of the Posse Comitatus Act occurs (a) when the Armed Forces perform tasks assigned to an organ of civil government, or (b) when the Armed Forces perform tasks assigned to them solely for purposes of civilian government. Questions concerning the act's application arise most often in the context of assistance to civilian police. At least in this context, the courts have held that, absent a recognized exception, the Posse Comitatus Act is violated when (1) civilian law enforcement officials make "direct active use" of military investigators; or (2) the use of the military "pervades the activities" of the civilian officials; or (3) the military is used so as to subject "citizens to the exercise of military power which was regulatory, prescriptive, or compulsory in nature." The act is not violated when the Armed Forces conduct activities for a military purpose. The language of the act mentions only the Army and the Air Force, but it is applicable to the Navy and Marines by virtue of administrative action and commands of other laws. The law enforcement functions of the Coast Guard have been expressly authorized by act of Congress and consequently cannot be said to be contrary to the act. The act has been applied to the National Guard when it is in federal service, to civilian employees of the Armed Forces, and to off-duty military personnel. The act probably only applies within the geographical confines of the United States, but supplemental provisions of 10 U.S.C. §§ 271-284 appear to apply worldwide. Finally, the act is a criminal statute under which there has been but a handful of known prosecutions. Although violations will on rare occasions result in the exclusion of evidence, the dismissal of criminal charges, or a civil cause of action, as a practical matter compliance is ordinarily the result of military self-restraint. This report provides an historical analysis of the use of the Armed Forces to execute domestic law and of the Posse Comitatus Act, including their apparent theoretical and constitutional underpinnings. The report then outlines the current application of the act as well as its statutory exceptions, and reviews the consequences of its violation.
Author: Joseph T. Glatthaar
Publisher: Oxford University Press
ISBN: 0190692812
Category : History
Languages : en
Pages : 153
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Book Description
The American Military: A Concise History narrates the American military experience. It focuses on four recurring themes-citizen soldiers vs. the standing armed forces; military professionalism; mechanization and technology; and the limits of power-and illuminates the role of the American military in its past and how it is shaping current and future national security issues.
Author: Clayton D. Laurie
Publisher: Government Printing Office
ISBN: 9780160882685
Category : Business & Economics
Languages : en
Pages : 500
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Book Description
CMH 30-15. Army Historical Series. 2nd of three planned volumes on the history of Army domestic support operations. This volume encompasses the period of the rise of industrial America with attendant social dislocation and strife. Major themes are: the evolution of the Army's role in domestic support operations; its strict adherence to law; and the disciplined manner in which it conducted these difficult and often unpopular operations.
Author: Robert W. Coakley
Publisher: DIANE Publishing
ISBN: 9780788128189
Category : History
Languages : en
Pages : 396
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Book Description
Describes the essential elements of the incidents from the Whiskey Rebellion in 1794 to the Reconstruction that followed the Civil War and the ways in which federal military force was applied in each case. Includes: the Fries Rebellion, the Burr Conspiracy, Slave Rebellions, the Nullification Crisis, the Chesapeake and Ohio Canal Riots, the 3Buckshot War2, the Patriot War, the Dorr Rebellion, the Army as Posse Comitatus, San Francisco Vigilantes, the Utah Expedition, the Civil War, etc. Extensive bibliography. Index. Full-color and b&w photos and maps.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 59
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Book Description
The purpose of this paper is to examine the Posse Comitatus Act, its history and purpose, and the implications it has in 2001 for domestic military operations. At the same time, the author addresses whether the Act needs further changes in light of the military s role and mission in an ever-changing environment. This study reviews the operational relevance as well as potential obstacles the Posse Comitatus Act poses future military operations. In order to understand the rationale for the genesis of this legislation it is first necessary to look at the historical circumstances and environment leading up to the passage of the Act. The author then compares and contrasts this reasoning with the current environment found within the United States in order to determine whether or not the Act is an unnecessary relic of the past or an important consideration legal precedent for the future. The United States' traditional reluctance to have military involvement in civilian law enforcement, based on the experience of the Founding Fathers under British rule, and furthered by military involvement in the post-Civil War Reconstruction in the South, is as sound today as it was in the past. Military actions in the Reconstruction South, resulted in the establishment of the Posse Comitatus Act of 1878. The Act, a criminal statute, prohibits the use of the military to enforce civilian laws. Exceptions to their use is made by specific Congressional or Presidential authorizations.
