Thread: Invasion
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Old 03-14-2018, 11:27 PM   #8
Doc
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twin50;

The Posse Comitatus Act of 1878 was brought by the then ruling democrats in congress to limit powers of the federal government using the army to enforce laws favorable to the radical republicans' reconstruction of the confederate south following the War of Northern Aggression. President Hayes, republican, vetoed the Act. Congress (democrats) overrode his veto.

The army, under General Grant, later president, had his army occupy cities and towns throughout the south. There was much violence. That monster, Lincoln, had locked up some of Maryland’s legislators because they wouldn’t go along with his unconstitutional executive orders. He then got worse.

The army was withdrawn from the south, but Posse Comitatus Act is still a statute. The only military unit "allowed" is the Coast Guard. Still, there have been many instances where the military has been used as law enforcement details. After, for instance, Brown v Board Of Education made segregation unlawful in schools, Eisenhower sent elements of the 101st Airborne Division to Little Rock to enforce desegregation of the school. The Enforcement Acts were used by Eisenhower at Little Rock.

Congress and the President have found many ways to skirt Posse Comitatus. Some methods use Homeland Security, National Defense Authorization Act , the Patriot Act and others.

Notice that Posse Comitatus Act is capitalized, but the Sheriff, (Power of the county) is and has always been the elected chief law enforcement officer of the county. If the sheriff is a party to a suit and in certain other cases, the Coroner acts as the sheriff. Law enforcement is the province of the State. The Sheriff has posse comitatus power, that power originating with the 10th Amendment. From our Common Law heritage the power of the county began with Charles the Great, about 500 AD. The Sheriff may form a posse, then as now. The Sheriff, as many millions of the rest of us, took an oath to defend the Constitution against all enemies, foreign and domestic.

However, as I noted above, Article I, Section 8 of the Constitution says:

"Congress shall have Power to provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions."

Doc
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