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 ...
Given the way Congress has perverted immigration law over the last 53 years, the best answer is Trump’s use of troops will not be legal until nine people dressed in black say it is legal.
The “troops” are support units from the 82nd Airborne as I understand it.
There are around 10,000 soldiers in the 82nd Airborne currently.
Some of them will not be sent to the border (such as artillery)
So when we hear that over 7,000 of them are being sent you can bet combat troops will be going as well.
I have served with the 101st Abn (1965) and the 82nd Abn (1967).
https://en.wikipedia.org/wiki/82nd_Airborne_Division
Does anyone see the Israelis “making nice” with the terrorists in Gaza or others who are trying to cross into Israel to murder Israelis??
Anyone who wants to make nice with the terrorists coming across our border should take a few into their homes, e.g., Piglosi, Hitlery, Camel Harris, Spartacus Booker, Madd Maxine, Uncle Joe Biden, John Kasich the Whiner, the Black Caucus, et al. Here’s an example of their new house guests:
https://www.facebook.com/CBSEveningNews/videos/253663981963291/
——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.——
Good point.... the Posse Comtias act passed in 1878, well after 1812..
Absolutely. This is what happens when people do not study our Constitution.
Makes you also wonder why we have the Coast Guard as well.
Using it to protect the US from a foreign invasion, it’s not against US citizens.
Great point. That is a powerful legal distinction
pretty basic and the left doesn’t get it. We can also send the military in places to defend our people or our interests.
The military has been used numerous times to protect US citizens within our own borders. A well documented event was Hurricane Katrina. Search for military katrina response and you will see pictures and accounts of soldiers on patrol on the streets hunting down and arresting looters. Over 15,000 federal troops and armed Blackwater contractors were rotated through the Katrina impact zone, many of which were used directly to restore law and order and maintain it for a couple of years afterwards.
Was it legal for Eisenhower to use the 82nd airborne to desegregate schools in Alabama?
“Posse comitatus” literally means: “the power of the county.”
In context and etymology the prohibition against military posse comitatus is simply against usurping the power of the local law enforcement. The liberals insist that enforcement of federal law is not a function of local law enforcement. Ergo, the present situation is not subject to posse comitatus prohibitions. They can’t argue both ways.
Pres. Eisenhower, federalized the national guard in Arkansas in 1954 to enforce the desegregation law. Trump could so the same yes?
We don’t need additional laws. just abide by thosee already written. The supreme law of the land is the Constitution which clearly states in the preamble, “to provide for the common defense.”
As did the military ... I took that oath a number of times in my 24 year career.
Ridiculous. Posse Comitatus prevents the military from being used as a domestic police force. That is not the case here. The military is being used to defend the border from foreign invasion. That is the textbook definition of the purpose of any country’s military forces.
“The Enforcement Acts, among other powers, allow the president to call up military forces when state authorities are either unable or unwilling to suppress violence that is in opposition to the constitutional rights of the people.”
https://www.law.cornell.edu/uscode/text/10/3062
(a) It is the intent of Congress to provide an Army that is capable, in conjunction with the other armed forces, of—
(1) preserving the peace and security, and providing for the defense, of the United States, the Commonwealths and possessions, and any areas occupied by the United States;
(2) supporting the national policies;
(3) implementing the national objectives; and
(4) overcoming any nations responsible for aggressive acts that imperil the peace and security of the United States.
Actually, I believe that this is tasked to the US Coast Guard, not the Navy.
The US Navy and Air Force are the resources to protect against international MILITARY invasion on the surface and submarine. The Coast Guard is out there 24/7/365 for other law enforcement, search and rescue pre-positioned readiness. The US Navy and Air Force tracks and detects EVERY foreign actor way before the Coast Guard would ever get involved, but they may be called in to be a party in any operation.
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