This Has Needed Discussing For Some Time...
The issue, class, is Posse Comitatus. Now, for those that don’t know what posse comitatus is, it s the law that prevents the military from engaging in law enforcement duties, and other reserved duties, within the US. On the heels of Katrina, this surfaced on Breitbart.com today, and it comes from the AP.
President Bush's push to give the military a bigger role in responding to major disasters like Hurricane Katrina could lead to a loosening of legal limits on the use of federal troops on U.S. soil.
Pentagon officials are reviewing that possibility, and some in Congress agree it needs to be considered.
Bush did not define the wider role he envisions for the military. But in his speech to the nation from New Orleans on Thursday, he alluded to the unmatched ability of federal troops to provide supplies, equipment, communications, transportation and other assets the military lumps under the label of "logistics."
The president called the military "the institution of our government most capable of massive logistical operations on a moment's notice."
At question, however, is how far to push the military role, which by law may not include actions that can be defined as law enforcement _ stopping traffic, searching people, seizing property or making arrests. That prohibition is spelled out in the Posse Comitatus Act of enacted after the Civil War mainly to prevent federal troops from supervising elections in former Confederate states.
Now posse comitatus (formally known as 18 USC 1385) reads as follows:
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully 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.
To revoke this act, made shortly after the Civil War, would indeed allow the president to dispatch troops in relief efforts, which is what the intended use was meant as. However, readers that have known me for quite some time know that I have addressed an issue that is important to Michelle Malkin. She’s been seen as a crusader for the tightening of our borders. Marcie and I live in Arizona, and we see the immigration problem first hand.
This is also one of my key sticking points as a Bush supporter. In my humble opinion, not enough is being done to keep out those not coming here legally. A student on a visa? Sure. Someone coming here with a green card? Fine. Have a passport and coming for a visit? Great! Make sure you visit the Grand Canyon. But if you come here illegally, you’re breaking our laws. And those fat-cats in power keep turning a blind eye to this. All of the 11 September hijackers came here on visas (I still question the security checks for them), and overstayed them. They were here illegally. Vincente Fox can’t even say "illegal alien," and gets quite offended at the apparent insinuation impugning one of his citizens. Um, Vince...There’s no insinuation here; they’re illegal, and they don’t have a right to be here.
If the government chooses to make the necessary changes to posse comitatus to allow the military to be called out for disaster relief, then I’d like to see it extended to patrolling our borders. They do have the manpower that Congress continues to state we don’t have in ICE or the border patrol. The problem is that the president proposed a significant increase for the border patrol, and Congress cut it by more than half. Way to go, guys. Glad to see you’re as concerned as your citizens are.
Point being is this is a good move. This needs to be discussed. We need to have this debate in Congress. This isn’t an appropriations bill. This is dealing with an issue that should be addressed. This can be amended to keep a limited scope on it, and still stay clear of any danger to our rights. I know there’s tons of conspiracy nuts that cringe when this issue comes up, but it needs to be addressed. Now is just as good a time as any.
Publius II
ADDENDUM: I have been catching hell since this went up. Let me clarify this as clearly as I possibly can. I support the idea of changing posse comitatus for wider use in disaster relief. Anything further than that, i.e. border patrol duties, would be TEMPORARY. We do not have the forces to do this long-term, but it is another possibility.
I am equally wary of even thinking about allowing the morons on Capitol Hill for tweaking with things like posse comitatus. If they opt to leave that alone then there needs to be changes in disaster plans, or more competant people in charge of them. The majority of the problems in Louisiana from Hurrican Katrina are undoubtedly at the feet of Gov. Blanco and Mayor Nagin.
And I'd also like to point out that Florida isn't waiting until the last minute as a new storm bears down on it. Gov. Bush has instituted mandatory evacuations today. Maybe Gov. Blanco should head to Florida, and take some notes.
The issue, class, is Posse Comitatus. Now, for those that don’t know what posse comitatus is, it s the law that prevents the military from engaging in law enforcement duties, and other reserved duties, within the US. On the heels of Katrina, this surfaced on Breitbart.com today, and it comes from the AP.
President Bush's push to give the military a bigger role in responding to major disasters like Hurricane Katrina could lead to a loosening of legal limits on the use of federal troops on U.S. soil.
Pentagon officials are reviewing that possibility, and some in Congress agree it needs to be considered.
Bush did not define the wider role he envisions for the military. But in his speech to the nation from New Orleans on Thursday, he alluded to the unmatched ability of federal troops to provide supplies, equipment, communications, transportation and other assets the military lumps under the label of "logistics."
The president called the military "the institution of our government most capable of massive logistical operations on a moment's notice."
At question, however, is how far to push the military role, which by law may not include actions that can be defined as law enforcement _ stopping traffic, searching people, seizing property or making arrests. That prohibition is spelled out in the Posse Comitatus Act of enacted after the Civil War mainly to prevent federal troops from supervising elections in former Confederate states.
Now posse comitatus (formally known as 18 USC 1385) reads as follows:
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully 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.
To revoke this act, made shortly after the Civil War, would indeed allow the president to dispatch troops in relief efforts, which is what the intended use was meant as. However, readers that have known me for quite some time know that I have addressed an issue that is important to Michelle Malkin. She’s been seen as a crusader for the tightening of our borders. Marcie and I live in Arizona, and we see the immigration problem first hand.
This is also one of my key sticking points as a Bush supporter. In my humble opinion, not enough is being done to keep out those not coming here legally. A student on a visa? Sure. Someone coming here with a green card? Fine. Have a passport and coming for a visit? Great! Make sure you visit the Grand Canyon. But if you come here illegally, you’re breaking our laws. And those fat-cats in power keep turning a blind eye to this. All of the 11 September hijackers came here on visas (I still question the security checks for them), and overstayed them. They were here illegally. Vincente Fox can’t even say "illegal alien," and gets quite offended at the apparent insinuation impugning one of his citizens. Um, Vince...There’s no insinuation here; they’re illegal, and they don’t have a right to be here.
If the government chooses to make the necessary changes to posse comitatus to allow the military to be called out for disaster relief, then I’d like to see it extended to patrolling our borders. They do have the manpower that Congress continues to state we don’t have in ICE or the border patrol. The problem is that the president proposed a significant increase for the border patrol, and Congress cut it by more than half. Way to go, guys. Glad to see you’re as concerned as your citizens are.
Point being is this is a good move. This needs to be discussed. We need to have this debate in Congress. This isn’t an appropriations bill. This is dealing with an issue that should be addressed. This can be amended to keep a limited scope on it, and still stay clear of any danger to our rights. I know there’s tons of conspiracy nuts that cringe when this issue comes up, but it needs to be addressed. Now is just as good a time as any.
Publius II
ADDENDUM: I have been catching hell since this went up. Let me clarify this as clearly as I possibly can. I support the idea of changing posse comitatus for wider use in disaster relief. Anything further than that, i.e. border patrol duties, would be TEMPORARY. We do not have the forces to do this long-term, but it is another possibility.
I am equally wary of even thinking about allowing the morons on Capitol Hill for tweaking with things like posse comitatus. If they opt to leave that alone then there needs to be changes in disaster plans, or more competant people in charge of them. The majority of the problems in Louisiana from Hurrican Katrina are undoubtedly at the feet of Gov. Blanco and Mayor Nagin.
And I'd also like to point out that Florida isn't waiting until the last minute as a new storm bears down on it. Gov. Bush has instituted mandatory evacuations today. Maybe Gov. Blanco should head to Florida, and take some notes.
posted by Syd And Vaughn | 8:12 PM
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