Armed helicopters to patrol Strip on holiday(Las Vegas), page 2
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reply posted on 31-12-2003 @ 02:09 AM by namehere
Originally posted by smirkley
In response to the military presence in the Southern States during the Reconstruction Era, Congress passed the Posse Comitatus Act[1] ("PCA" or the "Act") to prohibit the use of the Army in civilian law enforcement. The Act embodies the traditional American principle of separating civilian and military authority and currently forbids the use of the Army and Air Force to enforce civilian laws. In the last fifteen years, Congress has deliberately eroded this principle by involving the military in drug interdiction at our borders. This erosion will continue unless Congress renews the PCA's principle to preserve the necessary and traditional separation of civilian and military authority.

The need for reaffirmation of the PCA's principle is increasing because in recent years, Congress and the public have seen the military as a panacea for domestic problems. Within one week of the bombing of the federal building in Oklahoma City, President Clinton proposed an exception to the PCA to allow the military to aid civilian authorities in investigations involving "weapons of mass destruction." In addition to this proposal Congress also considered legislation to directly involve federal troops in enforcing customs and immigration laws at the border. In the 1996 presidential campaign, candidate Bob Dole pledged to increase the role of the military in the drug war, and candidate Lamar Alexander even proposed replacing the Immigration and Naturalization Service and the Border Patrol with a new branch of the armed forces.

Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or 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.

Exceptions-in-name allow the military to provide equipment and supplies, technical assistance, information, and training to law enforcement agencies. Such provisions constitute passive assistance to civilian law enforcement, which does not subject any civilian to the regulatory, proscriptive, or coercive power of the military.

law.wustl.edu...

..


ah but protecting from a foreign hostile attacking us is one thing and enforcing law is another so technically posse comitatus wouldnt be violated by such actions as in las vegas.....
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