Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
The Posse Comitatus Act Of 1878
Download The Posse Comitatus Act Of 1878 full books in PDF, epub, and Kindle. Read online The Posse Comitatus Act Of 1878 ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Book Synopsis The Posse Comitatus Act of 1878 by : Stephen E. Young
Download or read book The Posse Comitatus Act of 1878 written by Stephen E. Young and published by William s Hein & Company. This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compiles 50 key documents tracing the history andapplication of the Posse Comitatus Act of 1878, whichprohibits the use of the Army or Air Force as a civilianpolice force unless authorized by the Constitution or an Actof Congress.
Book Synopsis The Posse Comitatus Act of 1878 by : James R. Weber
Download or read book The Posse Comitatus Act of 1878 written by James R. Weber and published by . This book was released on 2003 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper will explore the historical background of the Posse Comitatus Act and determine why Congress passed it into law. It will then determine the implications for the U.S. military. Questions that the paper will review are what were the causes of the Posse Comitatus Act and how is that relevant to a reevaluation of the law? Northern Command as the newly established combatant command responsible for homeland defense must have the freedom of action to execute this task. Congress created the Posse Comitatus Act and can repeal or adjust the law if the circumstances require. The events leading up to the passage of the Act show that the Army performed the mission of support to civilian law enforcement extremely well and with discipline and restraint. The law was a result of a political compromise that led to the end of Reconstruction not due to misbehavior or an abuse of power by the Army. Today's military can execute the task in a similar fashion. In order to permit the military to effectively support civilian law enforcement given the current terrorist threat, Congress must rewrite the Posse Comitatus Act.
Book Synopsis The Posse Comitatus Act of 1878 and the End of Reconstruction by : Andrew Martin Buttaro
Download or read book The Posse Comitatus Act of 1878 and the End of Reconstruction written by Andrew Martin Buttaro and published by . This book was released on 2012 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Origins of the Posse Comitatus Act of 1878 by : Jonathan A. Schmidt-Davis
Download or read book The Origins of the Posse Comitatus Act of 1878 written by Jonathan A. Schmidt-Davis and published by . This book was released on 1999 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Posse Comitatus ACT and Related Matters by : Jennifer K. Elsea
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.
Book Synopsis The Posse Comitatus Act by : Nolon J. Benson
Download or read book The Posse Comitatus Act written by Nolon J. Benson and published by . This book was released on 1998 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans have long feared a large standing army and military interference in civilian affairs. Military actions in the Reconstruction South, resulted in the Posse Comitatus Act of 1878, 18 U.S.C. S 1385. The Act, a criminal statute, prohibits the use of the military to enforce civilian laws. Exceptions are made for actions specifically authorized by the Constitution or acts of Congress. Military participation in a number of incidents has raised questions as to whether the Act was violated or whether it should be changed to further limit military participation. At the same time, the nation's drug problem resulted in a Presidential declaration of war on drugs. Several statutes were passed to allow the military to have greater involvement in drug interdiction. These statutes have resulted in greater cooperation between civilian law enforcement agencies and the military, but some people have called for even greater involvement by the military to stem further the flow of drugs into this country. Neither the arguments for further curtailing military participation in law enforcement efforts nor the arguments for increased military participation in the fight against drugs the are persuasive. Policy considerations and military necessity may call for a reduced military effort in drug interdiction, but this should not result in a change in the law.
Book Synopsis Posse Comitatus Act of 1878: A Documentary History by : Young
Download or read book Posse Comitatus Act of 1878: A Documentary History written by Young and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Posse Comitatus Act and the United States Army by : Combat Studies Institute Press
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.
Book Synopsis The Posse Comitatus Act and the United States Army: a Historical Perspective by : Matt Matthews
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.~
Book Synopsis The Posse Comitatus Act: Is There a Need for Change? by :
Download or read book The Posse Comitatus Act: Is There a Need for Change? written by and published by . This book was released on 1998 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans have long feared a large standing army and military interference in civilian affairs. Military actions in the Reconstruction South, resulted in the Posse Comitatus Act of 1878, 18 U.S.C.S 1385. The Act, a criminal statute, prohibits the use of the military to enforce civilian laws. Exceptions are made for actions specifically authorized by the Constitution or acts of Congress. Military participation in a number of incidents has raised questions as to whether the Act was violated or whether it should be changed to further limit military participation. At the same time, the nation's drug problem resulted in a Presidential declaration of war on drugs. Several statutes were passed to allow the military to have greater involvement in drug interdiction. These statutes have resulted in greater cooperation between civilian law enforcement agencies and the military, but some people have called for even greater involvement by the military to stem further the flow of drugs into this country. Neither the arguments for further curtailing military participation in law enforcement efforts nor the arguments for increased military participation in the fight against drugs the are persuasive. Policy considerations and military necessity may call for a reduced military effort in drug interdiction, but this should not result in a change in the law.
Book Synopsis Posse Comitatus by : Joint Advanced Joint Advanced Warfighting School
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.
Book Synopsis The Posse Comitatus Act, Still, Relevant: Terrorism and the Federal Bureau of Investigation Response Capabilities by :
Download or read book The Posse Comitatus Act, Still, Relevant: Terrorism and the Federal Bureau of Investigation Response Capabilities written by and published by . This book was released on 2009 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: The limitations contained in the Posse Comitatus Act of 1878 regarding the domestic use of the military are still relevant and the capabilities of Federal law enforcement to detect and tactically engage potential terrorists obviate the need to use military forces directly to counter the activities of terrorists within the U.S.
Author :U.s. Army War College Publisher :Createspace Independent Publishing Platform ISBN 13 :9781502941398 Total Pages :26 pages Book Rating :4.9/5 (413 download)
Book Synopsis Should the Posse Comitatus Act Be Changed to Effectively Support Local Law Enforcement? by : U.s. Army War College
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.
Book Synopsis The American Military by : Joseph T. Glatthaar
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.
Book Synopsis The Terrorist Next Door by : Daniel Levitas
Download or read book The Terrorist Next Door written by Daniel Levitas and published by Macmillan. This book was released on 2004-01-20 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: September 11, 2001, focused America's attention on the terrorist threat from abroad, but as the World Trade Center towers collapsed, domestic right-wing hate groups were celebrating in the United States. "Hallelu-Yahweh! May the WAR be started! DEATH to His enemies, may the World Trade Center BURN TO THE GROUND!" announced August Kreis of the paramilitary group, the Posse Comitatus. "We can blame no others than ourselves for our problems due to the fact that we allow ...Satan's children, called jews (sic) today, to have dominion over our lives." The Terrorist Next Door reveals the men behind far right groups like the Posse Comitatus - Latin for "power of the county" -- and the ideas that inspired their attempts to bring about a racist revolution in the United States. Timothy McVeigh was executed for killing 168 people when he bombed the Alfred P. Murrah Federal Building in 1995, but The Terrorist Next Door goes well beyond the destruction in Oklahoma City and takes readers deeper and more broadly inside the Posse and other groups that comprise the paramilitary right. From the emergence of white supremacist groups following the Civil War, through the segregationist violence of the civil rights era, the right-wing tax protest movement of the 1970s, the farm crisis of the 1980s and the militia movement of the 1990s, the book details the roots of the radical right. It also tells the story of men like William Potter Gale, a retired Army officer and the founder of the Posse Comitatus whose hate-filled sermons and calls to armed insurrection have fueled generations of tax protesters, militiamen and other anti-government zealots since the 1960s. Written by Daniel Levitas, a national expert on the origins and activities of white supremacist and neo-Nazi groups, The Terrorist Next Door is painstakingly researched and includes rich detail from official documents (including the FBI), private archives and confidential sources never before disclosed. In detailing these and other developments, The Terrorist Next Door will prove to be the most definitive history of the roots of the American militia movement and the rural radical right ever written.
Book Synopsis The Posse Comitatus Act by : Kyle E. Goerke
Download or read book The Posse Comitatus Act written by Kyle E. Goerke and published by . This book was released on 2006 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Posse Comitatus Act was enacted in 1878 (the "Act") as a response to conditions in the post-Reconstruction South. Its relevance today is in question given the military's present role in the war on terrorism and domestic disaster response. This paper will examine the need for the Act and suggest that the unique problems associated with the war on terrorism lead to the conclusion that the Act has outlived its purpose and should be substantially revised or repealed in total.
Book Synopsis United States Code by : United States
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
