Download or read book The Military Domestic Law Enforcement and Posse Comitatus written by Steven L. Miller (Major.) and published by . This book was released on 2001 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Military Domestic Law Enforcement and Posse Comitatus A Time for Change written by and published by . This book was released on 2000 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1981 the U.S. military began assuming a greater role in the war on drugs, on both the domestic and international fronts. Since that time, the supporting role has dramatically increased and active military involvement along American borders is now commonplace. The Posse Comitatus Act of 1878 (PCA) has served as the primary statutory guard against the use of the U.S. military in domestic law enforcement. With this increased military participation in a number of domestic incidents, questions concerning whether these actions violate the Act or require changes to it continue to challenge policymakers. This paper addresses these questions by examining the historical background of the PCA and traces the expansion of the military role through its participation in the drug war. Military technology has frequently outpaced civilian technology development, consequently, poorly funded and equipped local, state, and federal law enforcement agencies look to the military for assistance in deploying these technological improvements in the fight against drugs. The current National Security Strategy identifies drug trafficking as a transnational threat vital to American interests and goes on to link it to other threats involving international organized crime and terrorism. The support in the drug war will also be compared to the military's role in domestic hurricane relief and civil disturbance operations. This routine and recurring support has evolved into a constant military presence in domestic law enforcement that requires an immediate examination of and changes to the PCA.
Download or read book Should the Posse Comitatus Act Be Changed to Effectively Support Local Law Enforcement written by U.s. Army War College and published by Createspace Independent Publishing Platform. This book was released on 2014-10-23 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Posse Comitatus Act was created to limit the military's role in civilian law enforcement. The original act was passed in June 1878 as part of the Army appropriation bill. The National Security Act of 1947 further directed the Secretary of Defense to publish regulations that do not permit direct participation by the Army or Air Forces in search, seizure, arrest, or other similar activities, except when permitted by law. The Posse Comitatus Act does not apply the National Guard formation while under state control and therefore allows governors the flexibility to utilize the Guard in support of law enforcement missions. This exception is lost once National Guard formations are called to serve on Active Duty. This book will explore the history of the use of a Posse Comitatus before and during the Revolutionary War, the Civil War, and present day situations. The book will examine when the Posse Comitatus Act applies and when it does not apply to active duty and National Guard formations. Exceptions to the law which have been granted by Congress for counter drug operations, suppression of insurrection and emergency situations related to weapons of mass destruction will also be examined. Three situations will be examined in detail including the Los Angeles Riots in 1992, the World Trade Organization Ministerial Conference in Seattle in 1999, and the use of Military Police in Samson, Alabama in 2009. Finally, this book will examine command and control issues related to the use of Federal Armed forces in support of local law enforcement. The Posse Comitatus Act restricts the Federal Government in all but extraordinary situations. Its intent to limit federal involvement in domestic affairs is still sound. In the future, commanders at all levels should be required to receive training on the Posse Comitatus Act to ensure understanding and intent. Congress should consider allowing active duty units to serve under state command and control and the Posse Comitatus Act should be left as a federal law.
Download or read book Should the Posse Comitatus Act be Changed to Effectively Support Local Law Enforcement written by Thomas F. Heslin (Jr.) and published by . This book was released on 2011 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Posse Comitatus Act was created to limit the military's role in civilian law enforcement. The original act was passed in June 1878 as part of the Army appropriation bill. The National Security Act of 1947 further directed the Secretary of Defense to publish regulations that do not permit direct participation by the Army or Air Forces in search, seizure, arrest, or other similar activities, except when permitted by law. The Posse Comitatus Act does not apply the National Guard formation while under state control and therefore allows governors the flexibility to utilize the Guard in support of law enforcement missions. This exception is lost once National Guard formations are called to serve on Active Duty. This research paper will explore the history of the use of a Posse Comitatus before and during the Revolutionary War, the Civil War, and present day situations. The paper will examine when the Posse Comitatus Act applies and when it does not apply to active duty and National Guard formations. Exceptions to the law which have been granted by Congress for counter drug operations, suppression of insurrection and emergency situations related to weapons of mass destruction will also be examined. Three situations will be examined in detail including the Los Angeles Riots in 1992, the World Trade Organization Ministerial Conference in Seattle in 1999, and the use of Military Police in Samson, Alabama in 2009. Finally, this paper will examine command and control issues related to the use of Federal Armed forces in support of local law enforcement. The Posse Comitatus Act restricts the Federal Government in all but extraordinary situations. Its intent to limit federal involvement in domestic affairs is still sound. In the future, commanders at all levels should be required to receive training on the Posse Comitatus Act to ensure understanding and intent. Congress should consider allowing active duty units to serve under state command and control and the Posse Comitatus Act should be left as a federal law.
Download or read book The Posse Comitatus Act and the United States Army written by Combat Studies Institute Press and published by . This book was released on 2019-07-18 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The role of federal military forces in domestic disorders 1877 1945 written by Clayton D. Laurie and published by Government Printing Office. This book was released on 1997-07-15 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Role of Federal Military Forces in Domestic Disorders 1789 1878 written by Robert W. Coakley and published by DIANE Publishing. This book was released on 1996-04 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Self Evident Truths Why We Can Stop Worrying and Love the Posse Comitatus Act written by and published by . This book was released on 2008 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper asserts that U.S. Government policy prohibiting active participation of the Armed Forces in civilian law enforcement operations, codified in the Posse Comitatus Act of 1878, should remain intact. The author presents an analysis that outlines the evolution of legal theory and acts pertaining to the use of the military in domestic crises and past and current applications of military force in the United States. The paper further examines the proper role for the Federal Government in affecting an effective and efficient response to domestic crises, giving special attention to the appropriate roles of the Departments of Homeland Security and Defense. The paper also presents examples and research that demonstrate the efficacy of the defense and homeland security establishments, in the wake of the September 11 terrorist attacks and the aftermath of the Hurricane Katrina disaster, to work effectively within the context of the current policy structure. Finally, the author examines whether changes in the current policy actually represent an improved response capability for the nation, a further loss of the checks and balances of the federal system of government, or an obstacle to the global challenges facing the Armed Forces in the 21st century. The analysis concludes that changes to the Posse Comitatus Act are unnecessary. A working, politically acceptable, constitutionally sound framework that checks the tendency to rely too heavily on the Department of Defense best serves the security interests of the United States in a challenging global environment.
Download or read book Posse Comitatus written by Joint Advanced Joint Advanced Warfighting School and published by CreateSpace. This book was released on 2015-04-16 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Posse Comitatus Act (PCA) is often the so called linchpin that bars the use of our military forces to support and enforce civil law within the borders of the United States. This act has in effect, denied the citizens of the United States the utmost protection they should be afforded by the federal government by restricting the use of Department of Defense assets to be used as force multipliers to our federal law enforcement and intelligence agencies. The United States will be required to once again do more with less as federal spending is decreased on not only homeland defense, but its security as well. The Federal Government will need to effectively utilize the combined resources of its numerous departments in order to accomplish this endeavor. Currently, the misinterpretation of the Posse Comitatus Act and the addition of subsequent restrictions have degraded our ability to properly protect the homeland. The Posse Comitatus Act is an ambiguous and highly misinterpreted law that needs to be rescinded and replaced with a new law that clearly identifies the terms in which the use of military forces in protecting the homeland is appropriate. This book focuses on the use of military forces in domestic affairs within the historical context of posse comitatus within the United States, the subsequent Posse Comitatus Act of 1878, the interpretation of the Posse Comitatus Act since its passage, and its current influence on the United States' ability to defend its homeland. This work is a historical case study of the Posse Comitatus Act to include recommendations for how best to use our nation's military forces in a non-wartime environment in order to better ensure our nation's security in a whole of government approach.
Download or read book Preparing the U S Army for Homeland Security written by Eric Victor Larson and published by Rand Corporation. This book was released on 2001 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although military policy seems focused on overseas threats, defending the homeland is, of course, the ultimate objective. This guide examines emergent threats to the USA homeland such as speciality weapons, cyber attacks and ballistic missiles and delineates the army's responsibilities.
Download or read book The Origins of the American Military Coup Of 2012 written by Charles J. Dunlap, Jr. and published by CreateSpace. This book was released on 2013-04-03 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. As you know, in the last few months since the President's death and the abrupt retirement of the Vice President, there have been some instances of public unrest. I fully appreciate that the threat of disorder occasioned by the absence of a Chief Executive precipitated your assumption of power as Commander-in-Chief, UAFUS, and your designation of yourself as permanent Military Plenipotentiary of the United States. It is obvious to me that strong leadership is needed in these troubled times. Indeed, I am convinced that it was inept civilian leadership that caused our defeat in the Second Gulf War. 2. Despite the approval of your actions by The Referendum, it was still necessary to make several arrests for acts of sedition. One of these traitors, I am sorry to say, is a retired officer and a 1992 graduate of the National War College. The officer, Prisoner 222305759, has been convicted by court-martial and is awaiting execution. In violation of my standing orders, the prisoner was allowed writing materials. Somehow he managed to draft a letter to a fellow alumnus chronicling what he calls the "Origins of the American Military Coup of 2012." By hand-writing the letter he defeated the electroscriber scanners we placed in his cell. Fortunately, our security forces were still able to intercept it. 3. Because of its potential interest to you, a copy of the prisoner's letter is attached. As the document indicates, the prisoner evidently had secreted into the stockade old notes, articles, and newspaper clippings he saved from his War College days. These documents were recovered in a search of the prisoner's cell. For your edification, I have had an intelligence agent analyze them and annotate your copy of the letter with endnotes citing these references where appropriate. 4. Upon receipt of your order affirming the sentence of the court, Prisoner 222305759 will be executed in accordance with applicable directives. /s/ Ben N. Dykarnilt General, UAFUS
Download or read book New Laws and Insights Encircle the Posse Comitatus Act written by Paul Jackson Rice and published by . This book was released on 1983 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1981, Congress passed an act entilted, Military Cooperation with Civilian Law Enforcement Officials. Through this new law (10 U.S.C.A. Sections 371-378), Congress attempted to clarify and modify the Posse Comitatus Act (10 U.S.C. Section 1385). It clarified the law in the areas of providing criminal information; providing military equipment and facilities; providing military personnel to train civilian law enforcement personnel; and providing expert military advisors. Congress modified the Posse Comitatus Act so that military personnel may operate military equipment in assisting civilian law enforcement personnel. This assistance is quite limited. Under implementing DOD guidance the Navy and Marine Corps may exercise aggressive assistance to civilian law enforcement officials. Certain issues, such as the military undercover agent and the joint military-civilian patrol, were not affected by the 1981 legislation. They remain sensitive areas in the day to day interface between military and civilian police. Reimbursement to DOD for services provided remains a key issue in implementing the 1981 act.
Download or read book Review of the Posse Comitatus Act After Hurricane Katrina written by U.s. Army War College and published by Createspace Independent Publishing Platform. This book was released on 2014-10-23 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Posse Comitatus Act of 1878 (PCA) and as amended restricts the use of the Army or the Air Force for law enforcement purposes. Hurricane Katrina and the events of September 11, 2001, combined with the potential use of a weapon of mass destruction (WMD) in a domestic terrorist event have brought the PCA into the spotlight for review. Should Congress repeal the PCA, leave PCA "as-is", or modify the PCA? This paper provides background on the issue of the use of the military for law enforcement and makes the case that policy and not necessarily statutory guidance drives the use of the military in the domestic venue for rapidly responding to a wide range of crises.
Download or read book Army Support During the Hurricane Katrina Disaster written by James A. Wombwell and published by DIANE Publishing. This book was released on 2011 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a print on demand edition of a hard to find publication. Hurricane Katrina, in Aug. 2005, was the costliest hurricane as well as one of the five deadliest storms in U.S. history. It caused extensive destruction along the Gulf coast from central Florida to Texas. Some 22,000 Active-Duty Army personnel assisted with relief-and-recovery operations in Mississippi and Louisiana. At the same time, all 50 states sent approx. 50,000 National Guard personnel to deal with the storm¿s aftermath. Because the media coverage of this disaster tended toward the sensational more than the analytical, many important stories remain to be told in a dispassionate manner. This study offers a dispassionate analysis of the Army¿s response to the natural disaster by providing a detailed account of the operations in Louisiana and Mississippi.
Download or read book Department of Defense Dictionary of Military and Associated Terms written by and published by . This book was released on 1994 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Posse Comitatus Act and Military Intervention in Civil Law Enforcement written by Michael Kevin Thomas and published by . This book was released on 1991 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Science and Technology for Army Homeland Security written by National Research Council and published by National Academies Press. This book was released on 2003-05-08 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: The confluence of the September 11, 2001 terrorist attack and the U.S. Army's historic role to support civil authorities has resulted in substantial new challenges for the Army. To help meet these challenges, the Assistant Secretary of the Army for Research and Technology requested the National Research Council (NRC) carry out a series of studies on how science and technology could assist the Army prepare for its role in homeland security (HLS). The NRC's Board on Army Science and Technology formed the Committee on Army Science and Technology for Homeland Security to accomplish that assignment. The Committee was asked to review relevant literature and activities, determine areas of emphasis for Army S&T in support of counter terrorism and anti-terrorism, and recommend high-payoff technologies to help the Army fulfill its mission. The Department of Defense Counter-Terrorism Technology Task Force identified four operational areas in reviewing technical proposals for HLS operations: indications and warning; denial and survivability; recovery and consequence management; and attribution and retaliation. The study sponsor asked the Committee to use these four areas as the basis for its assessment of the science and technology (S&T) that will be important for the Army's HLS role. Overall, the Committee found that: There is potential for substantial synergy between S&T work carried out by the Army for its HLS responsibilities and the development of the next generation Army, the Objective Force. The Army National Guard (ARNG) is critical to the success of the Army's HLS efforts.
