http://defensetech.org/2005/10/27/northcom-negs-new-powers/ The Future of the Military, Law Enforcement and National Security Thu, 24 May 2012 17:42:36 +0000 hourly 1 http://wordpress.org/?v=3.3.1 http://defensetech.org/2005/10/27/northcom-negs-new-powers/#comment-113599 Ryan Thu, 27 Oct 2005 22:49:33 +0000 http://deftech.usmilblog.com/?p=1732#comment-113599 NPR's morning edition ran a story on this topic just after Rita hit. The expert they had on the show explained that the PCA was put into place after the Civil War in order to keep Union soldiers from abusing citizens of the southern states. So, in a sense, Congress enacted the PCA because it did not trust the US Military to perform policing duties. NPR’s morning edition ran a story on this topic just after Rita hit. The expert they had on the show explained that the PCA was put into place after the Civil War in order to keep Union soldiers from abusing citizens of the southern states.
So, in a sense, Congress enacted the PCA because it did not trust the US Military to perform policing duties.

]]> http://defensetech.org/2005/10/27/northcom-negs-new-powers/#comment-113598 Joel Thu, 27 Oct 2005 12:08:01 +0000 http://deftech.usmilblog.com/?p=1732#comment-113598 The PCA has been grossly misinterpreted in terms of intent. Possee comitatus comes from English common law which empowers the local sheriff or marshall to summon men above the age of 15 to enforce the law. During the reconstructionist period, Attorney General William Evarts responded to a request for assistance from a U.S. marshall in Florida by citing that the posse comitatus common law could be used to draft both military and civilians to help enforce the law. Congress became increasingly unhappy with U.S. marshalls and sheriffs taking military personnel without the permission of the President (CINC). The Posse Comitatus Act was enacted largely at the request of the Army to stop this practice. At no time was Congress distrustful of the Army and tried to limit its powers -- it was just the opposite. However, as time passsed, the Act has been turned around and distorted. There is no limitation on the use of the military within the borders of the U.S. and there are no inhibitors that would prevent the use of the military in disaster response-- provided it is done at the direction of the Commander-in-Chief The PCA has been grossly misinterpreted in terms of intent. Possee comitatus comes from English common law which empowers the local sheriff or marshall to summon men above the age of 15 to enforce the law. During the reconstructionist period, Attorney General William Evarts responded to a request for assistance from a U.S. marshall in Florida by citing that the posse comitatus common law could be used to draft both military and civilians to help enforce the law. Congress became increasingly unhappy with U.S. marshalls and sheriffs taking military personnel without the permission of the President (CINC). The Posse Comitatus Act was enacted largely at the request of the Army to stop this practice.
At no time was Congress distrustful of the Army and tried to limit its powers — it was just the opposite. However, as time passsed, the Act has been turned around and distorted. There is no limitation on the use of the military within the borders of the U.S. and there are no inhibitors that would prevent the use of the military in disaster response– provided it is done at the direction of the Commander-in-Chief

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