U.S. Marine faces boot for anti-Obama Facebook posts

Originally posted by Xcathdra
reply to post by milominderbinder

 

Nothing you cited prevents the military from engaging in civilian law enforcement functions. We know this because if there was, there would have never been a challenge to the use of military personell in the south after the civil war. There never would have been legal standing to challenge it. There never would have been a need for possee commitatus.

You are a stone-cold idiot. The Posse Comitatus Act was implemented SPECIFICALLY BECAUSE the Northern Army was lingering for over TEN YEARS after the Civil War ended. Clearly this was Unconstitutional under normal circumstances, however the North had been using the recent attempt at succession to essentially extend the "we are at war" rationale seemingly ad infinitum.

Posse Commitatus is the only law that prohibits active duty / fdederal military units from engaging in civilian law enforcement. Posse Commitatus does NOT apply to individual state guard units.

Regarding the exemption of the state guard from the Posse Comitatus Act...no sh&%t Sherlock. Much as the aforementioned post mentioned the EXCLUSION OF THE MILITIA. This was the same rationale that allowed more than one 20th century President to call up the National Guard for civil disturbances such as organized labor protests in the Roosevelt administration, the civil rights movement, and the shootings of unarmed, peaceful, civilian protestors at Kent State.

The difference of course being that at those times the National Guard WAS actually a state defense force and/or non-professional militia. In todays day and age, the National Guard are quite often some of the FIRST to get deployed to whichever unwinnable task we set them to in the Middle East while the REAL Army maintains bases all over gods green earth. The Navy has ALWAYS been exempted from the Posse Comitatus given the Constitutional provisions which DO ALLOW for a standing Navy. In 1956 the Posse Comitatus was revised to include the Air Force, which obviously did not exist in 1878. Likewise, the Marines and Coast Guard were not included included the Posse Comitatus due to their mutual non-existence in 1878. However, prior to this country becoming a fascist hellhole and police state the Marines and the Coast Guard BOTH agreed in writing to abide by the Posse Comitatus Act as well. Thus, the only "wildcard" is conceivably the National Guard, IF AND ONLY IF they do not fit the definition of a STANDING ARMY. It's not my opinion, it's absolute LEGAL AND HISTORICAL FACT.

Read the Constitution and understand before citing it. I would expect that since you claim to be a law student you would know this and what the constituition states. When I went through the police academy our first classes out of the gate were state law and Con law.

This statement is just idiotic. How is it that you can consciously state that you derived your understanding of state and constitutional law in a low-level, rudimentary, vocational education program with spectacularly low standards of acceptance into the program and not see how this might be more of a disadvantage to you than an asset.

Think about it. You work in a profession which ROUTINELY bars people from entering the police because THEY ARE TOO SMART FOR THE JOB!!! link:blogs.discovermagazine.com...

The average national IQ of a police officer is 104. A score of 100 is the arithmetic mean of the population meaning that 50% of humans can be considered to be above this and 50% of humans to be below this 100 mark. You gotta love a profession who so stringently strives for mediocrity that they place a ban on smart people. LOL.

Just to put this in perspective for you, Koko the "Talking" Gorilla was able to fairly routinely clock in a score in the high 80's or low 90's once her grasp of American Sign Language was sound enough to facilitate an accurate communication of her answers. This a ballpark difference of around 15-20 IQ points between an average cop and a particularly clever gorilla. The average college professor in the US has an IQ of about 120. This still isn't really what I would consider exceptionally bright by any means... but it does put about as much difference between a cop and a professor as a cop and a gorilla, albeit an exceptionally clever one.

Perhaps this should tell you that maybe you shouldn't put quite as much stock in the validity of that vocational education when it comes to reading comprehension and analytical thinking.

SAN DIEGO (Reuters) - A federal judge refused on Wednesday to block disciplinary action against a Marine who criticized President Barack Obama on Facebook and called him a "domestic enemy" in a posting to an internal military network.

Marine Sergeant Gary Stein, 26, a meteorologist stationed at Camp Pendleton near San Diego, filed suit on Tuesday, saying the Marine Corps was violating his right to free speech. A Southern California congressman has rallied to his defense.

The Marines have said they initiated discharge proceedings against Stein after he posted political statements about Obama on a Facebook page he runs called the "Armed Forces Tea Party."

Military experts have said that by associating the name of his Facebook page with the Armed Forces, Stein was essentially putting himself in the position of publicly expressing his personal political opinions while in uniform, which Defense Department rules prohibit.

Military experts have said that by associating the name of his Facebook page with the Armed Forces, Stein was essentially putting himself in the position of publicly expressing his personal political opinions while in uniform, which Defense Department rules prohibit.

for anti-Obama comments he posted to the military's internal network for meteorological and oceanographic information.

online message posted by Stein read: "As an active-duty Marine, I have sworn to defend the Constitution against all enemies foreign and domestic. Obama is the economic enemy, the religious enemy, the domestic enemy."

Stein initially ran into trouble for comments he made on his Facebook page in an online debate over the punishment faced by NATO and U.S. military personnel over burning copies of the Koran in Afghanistan.

The remarks at issue have since been removed from Facebook. But in an account he gave the San Diego Union-Tribune newspaper, Stein paraphrased himself as stating: "I say screw Obama. I will not follow orders given by him to me."