Skip to comments.Is It Legal for Trump to Use the Army at the Border? [the Posse Comitatus Act]
Posted on 11/04/2018 5:41:19 AM PST by Moseley
t is absurd to claim that our military cannot defend our borders. Yet "That is illegal!" shout internationalists who never wanted our U.S. border protected anyway. Activists proclaim that the U.S. military is crippled under an 1878 law, the Posse Comitatus Act, found at 18 U.S.C. § 1385. We can do nothing but watch helplessly, they argue, as foreigners flood across the frontiers.
The Posse Comitatus Act of 1878 prohibits the use of the military for law enforcement purposes. There is actually a lot of scholarly analysis published by legal experts in law review journals. But most political rhetoric is muddled propaganda.
So is it a 'law enforcement' function to stop invaders from another country from crossing our border? Is it a military function if citizens of a foreign country approach our border to enter illegally? Or is that a police function?
If securing our nation's borders is not a proper military role, then what is? Are foreign adventures around the world meddling in other countries' affairs (to use the rhetoric of opponents of military power) the only proper role of the military? What kind of thinking says it is okay to send the military around the other side of the planet, but not to defend our own country's borders at home?
[THIS IS AN EXCERPT -- READ MORE AT THE LINK to American Thinker]
(Excerpt) Read more at americanthinker.com ...
New regulations can clarify that protecting the border does not count as "law enforcement." Secretary of Defense Jim Mattis, Secretary of Homeland Security Kirstjen Nielsen, and Attorney General Jeff Sessions can order "rule making" to explain the meaning of the law. New regulations should further clarify that the prohibition of the Posse Comitatus Act is limited to law enforcement on domestic U.S. soil.
It is as legal as using the US NAVY to patrol US Territorial Waters.
Yep. He swore an oath to protect the US from all enemies, foreign and domestic.
Posse comitados says no use of military to do local law enforcement. Protecting borders is an entirely appropriate use of military.
Only someone not familiar with American History would ask such a question.
If not then we should demand our $760 Billion back.
It is only legal to use the military in foreign wars of adventure to protect Saudi interests. /s
I guess in 1812 we would have had to call on the Sheriffs to stop the Brits if this law was in effect then. Regardless, protecting the borders is a constitutional mandate not constricted by any legislative acts.
Protecting borders is an entirely appropriate use of military.
Protecting the Borders of the United States Is THE appropriate use of military.
The “troops” are support units from the 82nd Airborne as I understand it.
Some MP’s but all support troops, not combat ones.
Engineers, medical, aviation to fly and give eyes to the Border Patrol.
“The Posse Comitatus Act of 1878 prohibits the use of the military for law enforcement purposes.”
Correct. But, the issue they forget to mention here is that this is is INTERNATIONAL AND INTERSTATE in scope, and hence it is the sole responsibility of the US Federal Government to address. The POTUS can use whatever method he deems to address this.
Nice that they seem to forget this little fact-it gets in their demented way.
The US Army once maintained a system of Coastal Artillery batteries. Armies defend borders. They’re not just for power projection. Duh.
It has nothing to do with repelling the invasion of foreigners streaming toward the border.
I guess If an invading Chinese army just stripes off their uniforms and puts on civilian clothes theres nothing the military can do then right?.... libtards are insane
I see they did address that issue. My fault and I correct myself.
Its getting so that a lot of these articles posted I dont bother to read in whole. Most are simply tripe and I hate to go to the web sites to read them since the sites rain pop ups etc on.
People who ask this question really need to cut down on their use of “recreationsal” medical marijuana. They a frying their last brain cells.
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
HERE ARE CIRCUMSTANCES EXPRESSLY AUTHORIZED BY THE CONSTITUTION
Article 4 of the U.S. Constitution states:
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; ...
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