Originally posted by mcgilligan02
On September 30, 2006, the Congress modified the Insurrection Act ***SNIP***
The 2008 Defense Authorization Bill, repeals the changes made in the 2007 bill. [3]
The 2007 Defense Authorization Bill, with over $500 billion allocated to the military, and which also contained the changes to the Insurrection Act of
1807, was passed by a bipartisan majority of both houses of Congress: 398-23 in the House and by unanimous consent in the Senate.[1] In order for
military forces to be used under the provisions of the revised Insurrection Act, the following conditions must be met:
(1) The President may employ the armed forces, including the National Guard in Federal service, to--
(A) restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health
emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that--
(i) domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public
order; and
(ii) such violence results in a condition described in paragraph (2); or
(B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or
conspiracy results in a condition described in paragraph (2).
(2) A condition described in this paragraph is a condition that--
(A) so hinders the execution of the laws of a State or possession, as applicable, and of the United States within that State or possession, that any
part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the
constituted authorities of that State or possession are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that
protection; or
(B) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
And you sir, are missing the point entirely.
1) The above act specifically says "The President may employ... etc..." yet I haven't read anywhere that the President sent these troops.
2) The above act describe situations where military may be used. Do you think working a crime scene where the killer is already dead is one of those
situations? That is absurd. The threat had already passed.
3) The Posse Comitatus Act of 1878 is still valid. It was enacted to prevent the military from acting as a police force. There are civilian police
forces that could have easily helped secure the crime scene as there was no confrontation left, only investigation.
Seriously, what were they there for? They weren't bagging evidence, they aren't allowed to question witnesses, the killer was already dead. Were
they going to hand out traffic citations or do sobriety tests to people swerving? There was nothing for them to do, and no legal reason to be there.
The military was never designed to police The People. I don't care how comforted some are that "the military is here, everything is fine now!!" The
military was designed to protect The People, not police them.
In closing let me say that I am an not Anti-Military. I am very thankful for the men and women of our Armed Forces. They are outstanding individuals
whom we owe a great deal of respect and gratitude toward. I just believe that they should not be misused as a police force.
***EDITED to shorten the quotation a bit***
[edit on 3/13/2009 by Autonomous]