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 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 the United States Army written by Matt Matthews and published by . This book was released on 2006 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Posse Comitatus Act and the United States Army a Historical Perspective written by Matt Matthews and published by CreateSpace. This book was released on 2012-06-29 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.~

Download or read book The Posse Comitatus ACT and Related Matters written by Jennifer K. Elsea and published by Independently Published. This book was released on 2018-12-04 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 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 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 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 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 Posse Comitatus Act Related Matters written by and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Posse Comitatus Act PCA and the United States Army written by U. S. Military and published by . This book was released on 2018-04-12 with total page 75 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. 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

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 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 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.

Download or read book The American Military written by Joseph T. Glatthaar and published by Oxford University Press. This book was released on 2018 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Department of Defense Dictionary of Military and Associated Terms written by United States. Joint Chiefs of Staff and published by . This book was released on 1979 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: