you've got to be kidding me

[arkmark]

Sen. Barbara Boxer, D-Calif., wants to allow governors the power to activate National Guard troops who could replace police officers at their desk jobs to allow more police to protect schools.

Can we call the fraud, waste and abuse hotline for this one?

 

[Dave70968]

Why not just put the Guardsmen in the school to begin with, if armed security is the goal?

 

[ByrdC130]

The Posse Comitatus Act is the United States federal law (18 U.S.C. § 1385, original at 20 Stat. 152) that was passed on June 18, 1878, after the end of Reconstruction and was updated in 1981. Its intent (in concert with the Insurrection Act of 1807) was to limit the powers of Federal government in using federal military personnel to enforce the State laws. Contrary to popular belief, the Act, does prohibit members of the [[United States Armed Forces from exercising Law enforcement agency powers within a State, police, or peace officer powers that maintain "law and order"; it requires that any authority to do so must exist within the United States Constitution or Act of Congress(which it currently does not except under the Insurrection Act).{Federalist 29 (Hamilton, 1788)} Any use of the Armed Forces under either Title 10/Active Duty or Title 10/Reserves at the direction of the President will offend the Constitutional Law also know as Public Law prohibiting such action unless decalred by the President of the United States and approved by Congress. Any infringement will be problematic for political and legal reasons.

The Bill/Act as modified in 1981 refers to the Armed Forces of the United States. It does not apply to the National Guard under state authority from acting in a law enforcement capacity within its home state or in an adjacent state if invited by that state's governor. The U.S. Coast Guard, which operates under the Department of Homeland Security, is also not covered by the Posse Comitatus Act, primarily because the Coast Guard has both a maritime law enforcement mission and a federal regulatory agency mission.

In short , another demonstration the _______ (insert your own demeaning liberal name here) disreguard for the Constitiution or just shear ignorance of the rules laid forth by the Constitution. It would be hard to fill most of these "posts" because state active duty would be used to pay for the Guardmen to fill the positions in a state paid status to remain legal. State active duty is the lowest form of military/guard pay, basic pay w/now allowances, no military points accrued. Unless your of a high rank, you'd make more as a mall cop than on state active duty pay and most likely have better benifits.

 

[dennishoddy]

Ignorant legislators produce ignorant laws.

 

[Dave70968]

Byrd, I think you've missed the point: by using the Guard under the governors' authority, instead of Federal authority, it doesn't run into Posse Comitatus problems.

Mind you, I think it's a lousy idea, but on first glance, this appears to be crafted well enough to comport with the Constitution.

 

[ArGyLe64]

Ignorant legislators produce ignorant laws.

Amen!!! For once I have to agree with Dennis.

 

[ByrdC130]

Byrd, I think you've missed the point: by using the Guard under the governors' authority, instead of Federal authority, it doesn't run into Posse Comitatus problems.

Mind you, I think it's a lousy idea, but on first glance, this appears to be crafted well enough to comport with the Constitution.

Yes it could work under the Gov's authority, but at the low pay/benifit and not to mention the already over utilized/been to the desert condition of most of the Guard members, it'd be hard to fill all the slots. Also, after mobilization, a guardsman cannot be involuntarily recalled to duty for 5yrs after the 2yr mobilization. So I guess what I'm tryin to say is, there is already a app for this, most governors don't/won't want to use it as this is a long term need.

 

[AKguy1985]

Just put atleast one police officer at every school. Claremore does

 

[jakeman]

Just put atleast one police officer at every school. Claremore does

What do you do with schools that have 6 or 8 buildings?

 

[dennishoddy]

What do you do with schools that have 6 or 8 buildings?

Armed teachers.