Download or read book The Posse Comitatus Act and Related Matters written by Jennifer Elsea and published by . This book was released on 2012 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Posse Comitatus Act states that: 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. 18 U.S.C. § 1385. It 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 is an abridged version of CRS Report R42659, The Posse Comitatus Act and related matters : the use of the military to execute civilian law, in which the authorities for the statements made here may be found.
Download or read book The Posse Comitatus Act and Related Matters written by Bonnie Baker and published by Nova Biomedical Books. This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Posse Comitatus Act and Related Matters A Sketch written by and published by . This book was released on 2005 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Posse Comitatus Act states that: 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. 18 U.S.C. 1385. It 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 is an abridged version of The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law, CRS Report 95-964 in which the authorities for the statements made here may be found. This report summarizes proposed bills that could result in increased interaction between military and civil authorities. (H.R. 1986, H.R. 1815, S. 1042, S. 1043).
Download or read book The Posse Comitatus Act and Related Matters written by and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Posse Comitatus Act outlaws 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 provision for express constitutional authorization when in fact the Constitution contains no such express authorizations has been explained alternatively as a meaningless political face saving device or as an unartful reference to the President's constitutional powers. The express statutory exceptions include the legislation which allows the President to use military force to suppression insurrection, 10 U.S.C. 331-335, and sections which permit the Department of Defense to provide federal, state and local police with information and equipment, 10 U.S.C. 371-381. Existing case law indicates that "execution of the law" in violation of the Posse Comitatus Act occurs (a) when the armed forces perform tasks which are assigned not to them but to an organ of civil government, or (b) when the armed forces perform tasks assigned to them solely for purposes of civilian government. Questions 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, (1) when civilian law enforcement officials make "direct active use" of military investigators; or (2) when the use of the military "pervades the activities" of the civilian officials; or (3) when 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 which have incidental benefits for civilian law enforcement officials. 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 is probably only applicable within the geographical confines of the United States, but the supplemental provisions of 10 U.S.C. 371-381 appear to apply world-wide. Finally, the Act is a criminal statute under which there has never been a prosecution. 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 appears in abridged form as CRS Report RS20590, The Posse Comitatus Act: A Sketch.
Download or read book The Posse Comitatus Act Related Matters written by Charles Doyle and published by . This book was released on 2000 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Free Course Book for Course 3 Statutory Law and Intelligence 2011 written by and published by David Alan Jordan. This book was released on with total page 2170 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State and Local Government Issues written by William S. Jamerson and published by Nova Publishers. This book was released on 2007 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: If 'all politics is local', then it stands to reason that what is going on in the provinces must in fact be what counts for the people. This book tries to follow the statehood process, looks at state and local pension plans, follows the serpentine money trail of state and local grants while offering a brief history of them, examining high tech as it relates to local development and reviews citizen initiative proposals over a 15-year period.
Download or read book Reserve Component Personnel Issues written by Lawrence Kapp and published by DIANE Publishing. This book was released on 2011-04 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term ¿Reserve Component¿ is used to refer collectively to the seven individual reserve components of the armed forces: the Army Nat. Guard (NG), the Army Reserve, the Navy Reserve, the Marine Corps Reserve, the Air NG, the Air Force Reserve, and the Coast Guard Reserve. These reserve components ¿provide trained units and qualified persons available for active duty in the armed forces.¿ Since 1990, reservists have been involuntarily activated six times, incl. two large-scale mobilizations for the Persian Gulf War and in the aftermath of 9/11. This increasing use of the reserves has led to interest in funding, equipment, and personnel policy. This report provides an overview of key reserve component personnel issues. This is a print on demand report.
Download or read book Preparedness and Response for Catastrophic Disasters written by Rick Bissell and published by CRC Press. This book was released on 2013-05-29 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a popular course for the FEMA Higher Education project, Preparedness and Response for Catastrophic Disasters provides important insight into plans to mitigate and respond to the devastation caused by large-scale catastrophic events. Hurricane Katrina provided clear evidence that these occurrences are both qualitatively and quantitatively different from other disasters. Recent tragedies, like the 2004 South Asia tsunami, the 2010 earthquake in Haiti, and the 2011 earthquake, tsunami, and resulting nuclear plant meltdown in Japan further illustrate that we are not prepared for such events. Written by top disaster scholars and practitioners, the book defines what constitutes a catastrophic event, outlining both the factors that can lead to catastrophes and the unique logistical, planning, and response challenges posed by them. Distinct from general disasters, these events are termed "catastrophic" due to the regional impact, impacts to logistics and infrastructure, the devastating effects on large-scale populations, and the ripple effects on regional and global economies. Preparedness and Response for Catastrophic Disasters examines why catastrophes must be approached differently. If governments, public administrators, and emergency management professionals are to succeed in protecting our populations, there must be consensus, decisiveness, and leadership in both the coordination and response. In addition, there must be a fundamental recognition that catastrophic events compromise the very infrastructure—public utilities, delivery of goods and service, schools, business functions, and government—that supports communities and upon which modern society is based. As such, the book explores how catastrophes can dramatically affect populations and addresses new, innovative, and fundamentally unique strategies communities can institute to better prepare populations for catastrophic events and their aftermath.
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 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 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 Risk Assessment and Security for Pipelines Tunnels and Underground Rail and Transit Operations written by Anna M. Doro-on and published by CRC Press. This book was released on 2014-06-03 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Risk Assessment and Security for Pipelines, Tunnels, and Underground Rail and Transit Operations details a quantitative risk assessment methodology for systematically analyzing various alternatives for protecting underground rail, oil and gas pipelines, pipeline freight transportation, and other tunnel systems from terrorism threats and other disasters. It examines the engineering, environmental, and economic impacts and addresses both direct and collateral damage. The book describes how to employ the methodology of quantitative psychology for effectively assessing risk in homeland security, defense actions, and critical infrastructure protection. Using pipelines, tunnels, underground rapid rail, and transit systems as examples, it maintains an emphasis on applying quantitative psychology to risk management in the areas of homeland security and defense. Outlines the background and system operations of pipelines, tunnels, underground rail, and transit systems as well as other super-speed futuristic trains Covers materials used for fabricating weapons of mass destruction and operations for terrorism Deals with the probabilistic risk estimation process, event tree analysis, and fault tree analysis Discusses the risk and vulnerability assessment tools and methodologies used by experts and governmental agencies Approved for public release by the U.S. Federal Government, this book presents regulations, standard processes, and risk assessment models recommended by the U.S. Department of Homeland Security and other federal and state agencies. Describing how to evaluate terrorism threats and warnings, it details protocols for preventive measures and emergency preparedness plans that are based on economic analysis. With comprehensive coverage that includes risk estimation and risk acceptability analysis, the book provides a foundational understanding of risk and the various defensive systems that can improve safety and security as well as thwart terrorists’ efforts to sabotage critical infrastructure.
Download or read book Catastrophic Disaster Planning and Response written by Clifford Oliver and published by CRC Press. This book was released on 2010-07-20 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting cutting-edge domestic and international approaches, Catastrophic Disaster Planning and Response explains how to effectively plan for and manage the consequences of a catastrophe. Recognizing that a business-as-usual approach to preparing for and responding to such events is doomed to fail, the book fills a gap in emergency management education. It introduces the many considerations that influence how we plan for and respond to large-scale catastrophes and how it differs from preparing for smaller-scale emergencies. Written by a recognized expert in emergency management, this volume is a thorough study of the planning process and response procedures for catastrophic disasters. Topics discussed include: The history of catastrophic events, both in and outside the United States How catastrophes differ from disasters and emergencies and how they are all part of the emergency management continuum The varying definitions of catastrophes and their political and societal implications The main ethical and value dilemmas that one will likely face before, during, and after a catastrophe The legal framework associated with government response to catastrophes The post-catastrophic environment that an emergency manager might experience, with a focus on logistics, critical infrastructure, mass care, and mass evacuation Planning strategies and skills an emergency manager can employ to mitigate the effects of such an event The use of crisis leadership skills and how to lead and influence others in a catastrophic situation Recent major events provide valuable lessons that demonstrate the characteristics of a catastrophic disaster, the special issues of response and recovery, and the necessary preparation on international, national, and local levels. Offering best practices using recent real-world case studies, the book provides a foundation for continued study and critical reflection. Catastrophic Disaster Planning and Response is one of only two books utilized by the U.S. Coast Guard (USCG) in their elite 2010 Flag Office/SES Executive Change Leadership Program (ECL) curriculum. The ECL program develops the executive leadership skills of USCG Admiral-selects awaiting Senate confirmation, as well as members of the Department of Homeland Security's federal Senior Executive Service (SES), which in 2010 included representatives from the U.S. Secret Service, the Transportation Security Administration, Immigration and Customs Enforcement, the U.S. Border Patrol, Citizenship and Immigration Services, and FEMA. Readily adaptable for classroom use, this cutting-edge professional reference provides qualifying instructors with access to teaching materials and a test bank.
Download or read book Subtle Tools written by Karen J. Greenberg and published by Princeton University Press. This book was released on 2023-02-21 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: How policies forged after September 11 were weaponized under Trump and turned on American democracy itself In the wake of the September 11 terror attacks, the American government implemented a wave of overt policies to fight the nation’s enemies. Unseen and undetected by the public, however, another set of tools was brought to bear on the domestic front. In this riveting book, one of today’s leading experts on the US security state shows how these “subtle tools” imperiled the very foundations of democracy, from the separation of powers and transparency in government to adherence to the Constitution. Taking readers from Ground Zero to the Capitol insurrection, Karen Greenberg describes the subtle tools that were forged under George W. Bush in the name of security: imprecise language, bureaucratic confusion, secrecy, and the bypassing of procedural and legal norms. While the power and legacy of these tools lasted into the Obama years, reliance on them increased exponentially in the Trump era, both in the fight against terrorism abroad and in battles closer to home. Greenberg discusses how the Trump administration weaponized these tools to separate families at the border, suppress Black Lives Matter protests, and attempt to overturn the 2020 presidential election. Revealing the deeper consequences of the war on terror, Subtle Tools paints a troubling portrait of an increasingly undemocratic America where disinformation, xenophobia, and disdain for the law became the new norm, and where the subtle tools of national security threatened democracy itself.
Download or read book International Issues in Social Work and Social Welfare written by CQ Researcher, and published by SAGE Publications. This book was released on 2009-09-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Issues in Social Work and Social Welfare is now available through CourseSmart. What is human trafficking, and where does it occur? How have other nations exploited children as child soldiers, and what can be done about it? Have violence and discrimination against women increased or decreased globally over the past decade? The collection of articles in International Issues in Social Work and Social Welfare addresses these questions and many more. The articles encourage lively classroom discussion and debate and bring pressing international issues into the classroom for almost any course across the social work curriculum, as required by the new guidelines set forth by the Council on Social Work Education. About CQ Researcher Readers In the tradition of nonpartisanship and current analysis that is the hallmark of CQ Press, CQ Researcher readers investigate important and controversial policy issues. Offer your students the balanced reporting, complete overviews, and engaging writing that CQ Researcher has consistently provided for more than 80 years. Each article gives substantial background and analysis of a particular issue as well as useful pedagogical features to inspire critical thinking and to help students grasp and review key material: A pro/con box that examines two competing sides of a single question A detailed chronology of key dates and events An annotated bibliography that includes Web resources An outlook section that addresses possible regulation and initiatives from Capitol Hill and the White House over the next 5 to 10 years Photos, charts, graphs, and maps
Download or read book Securing America s Borders The Role of the Intelligence Community written by Richard A. Best and published by DIANE Publishing. This book was released on 2010 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
