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The Range
Law & Order
Your opinion on the "police state" or "militarization of law enforcement"?
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<blockquote data-quote="JeffT" data-source="post: 2752243" data-attributes="member: 11091"><p><a href="http://www.encyclopedia.com/topic/Posse_Comitatus_Act.aspx" target="_blank">http://www.encyclopedia.com/topic/Posse_Comitatus_Act.aspx</a> - Link to an explanation of the Posse Comitatus Act</p><p></p><p>One of the relevant parts of the article...</p><p> </p><p>...Congress outlawed the practice of posse comitatus by enacting the Posse Comitatus Act (PCA) (as 20 Stat. 152) as a rider to the Army Appropriation Act for 1880. The act stated: "Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the 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."</p><p></p><p>Congressional debates indicate that the PCA was intended to stop army troops from answering the call of a marshal to perform direct law enforcement duties and aid in execution of the law. Further legislative history indicates that the more immediate objective was to put an end to the use of federal troops to police elections in ex-Confederate states where civil power had been reestablished.</p><p></p><p>Significantly, President Hayes vetoed the act because it "makes a vital change in the election laws of the country, which is in no way connected to the use of the Army." Congress overrode the veto. Accordingly, the willful use of the army or air force as a posse comitatus or otherwise to execute the laws is a felony, unless the use is expressly authorized by the Constitution or an act of Congress...</p><p></p><p>I see this as, even then the president was trying to get more power for the national government.</p></blockquote><p></p>
[QUOTE="JeffT, post: 2752243, member: 11091"] [url]http://www.encyclopedia.com/topic/Posse_Comitatus_Act.aspx[/url] - Link to an explanation of the Posse Comitatus Act One of the relevant parts of the article... ...Congress outlawed the practice of posse comitatus by enacting the Posse Comitatus Act (PCA) (as 20 Stat. 152) as a rider to the Army Appropriation Act for 1880. The act stated: "Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the 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." Congressional debates indicate that the PCA was intended to stop army troops from answering the call of a marshal to perform direct law enforcement duties and aid in execution of the law. Further legislative history indicates that the more immediate objective was to put an end to the use of federal troops to police elections in ex-Confederate states where civil power had been reestablished. Significantly, President Hayes vetoed the act because it "makes a vital change in the election laws of the country, which is in no way connected to the use of the Army." Congress overrode the veto. Accordingly, the willful use of the army or air force as a posse comitatus or otherwise to execute the laws is a felony, unless the use is expressly authorized by the Constitution or an act of Congress... I see this as, even then the president was trying to get more power for the national government. [/QUOTE]
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