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Posse Comitatus Act Suspended By Congress

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posted on Dec, 20 2007 @ 01:57 PM
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I'm new to ATS, and it may have been covered in earlier threads, but I recently found this information while researching another topic.

The Posse Comitatus Act, passed on June 16, 1878 prohibits most members of the federal uniformed services from exercising state law enforcement powers that maintain "law and order" on non-federal property.

H.R. 5122, the John Warner Defense Authorization Act for Fiscal Year 2007, signed by the president on October 17, 2006, gives the president the power to employ the armed forces to restore public order in any state of the United States.

It is still another power given to the president in the name of the war on terrorism. In a worst case scenario, it would allow the president to use the military to suppress any kind of unrest.





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posted on Dec, 20 2007 @ 02:37 PM
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I wasn't successful in making a link. I will try copying and pasting:


Posse Comitatus Act

From Wikipedia, the free encyclopedia

Jump to: navigation, search

The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385) passed on June 16, 1878 after the end of Reconstruction. The Act prohibits most members of the federal uniformed services (Army, Navy, Air Force, Marines, and State National Guard forces when such are called into federal service) from exercising nominally state law enforcement police or peace officer powers that maintain "law and order" on non-federal property (States, their counties and municipal divisions) in the former Confederate states.

The statute generally prohibits federal military personnel and units of the United States National Guard under federal authority from acting in a law enforcement capacity within the United States, except where expressly authorized by the Constitution or Congress. The Coast Guard is exempt from the Posse Comitatus Act.

The Posse Comitatus Act and the Insurrection Act substantially limit the powers of the federal government to use the military for law enforcement.

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[edit] Recent legislative events

Recent congressionally passed law may have explicitly given this authority to the President. HR5122 also known as the John Warner Defense Authorization Act was signed by the president on Oct 17, 2006 John Warner National Defense Authorization Act for Fiscal Year 2007. Section 1076 Text of Hr5122 is titled "Use of the Armed Forces in major public emergencies". Removing the legalese from the text, and combining multiple sentences, it provides that: The President may employ the armed forces to restore public order in any State of the United States the President determines hinders the execution of laws that deprive people of a right, privilege, immunity, or protection named in the Constitution and secured by law or opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws. The actual text is on page 322-323 of the legislation.



posted on Dec, 21 2007 @ 03:21 AM
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reply to post by Sestias
 


What I see to this is that prior to this it was necessary to have congress impose a state of emergency by way of martial law. Now that is not necessary as it can more or less be done by the president. My first thought is what would have happened if this law were in place when hurricane Katriana blew through New Orleans. Congress did not act to restore order, or did very little to do so. If the President had this power then, it might have been used, and Congress would have sat back and criticised the President for doing so. What all this means is the President can now use the military in martial law situations, and Congress can publicly criticize, so they make them selves look all squeaky clean in the process.



posted on Sep, 30 2008 @ 01:49 AM
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This is scary! When I was a Department of Defense Police Officer Posse Comitatus was drilled into our heads. We were warned not to in any way do anything that could be conscued as any law enforcement action off of our facility. I almost lost my job and could have been arrested when I detained a young man who attempted to sexually assault my daughter. (he didn't succeed). This could turn out very bad for America. Posse Comitatus is meant to protect the American People from Tyranny. I was shocked when the L.A. riots took place and U.S. Marines were used to restore order. I think that it was just a test to see how the American People would respond. Sheeple!



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