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Is It Legal for Trump to Use the Army at the Border? [the Posse Comitatus Act]
American Thinker ^ | November 4, 2018 | Jonathon A. Moseley

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 ...


TOPICS: Crime/Corruption; Editorial; Foreign Affairs; Mexico; News/Current Events; US: Arizona; US: California; US: Nevada
KEYWORDS: aliens; border; caravan; guaranteeclause; illegals; invaders; military; possecomitatus
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To: Moseley

Look at it this way. Let’s say that the thousand of foreign nationals heading for our border were Russians and they all were with military grade arms. Would it then be ok for the US military to stop them? I suspect there would few arguments against this. Is not one group of foreign invaders as bad as another? It’s our border.


61 posted on 11/04/2018 8:11:57 AM PST by Captain Compassion (I'm just sayin')
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To: CIB-173RDABN
Only someone not familiar with American History would ask such a question.

That's "Only someone who went to public school in the last 40 years..."

62 posted on 11/04/2018 8:12:34 AM PST by null and void (Leftards don't know what 8000 illegal aliens marching thru Mexico know - America is a Great country!)
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To: ExTexasRedhead

Nailed it, Ma’am!


63 posted on 11/04/2018 8:15:09 AM PST by Howie66 ("...Against All Enemies, Foreign and Democrat.....")
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To: null and void

That’s “Only someone who went to public school in the last 40 years...”

Sad, but I fear you are correct.


64 posted on 11/04/2018 8:15:47 AM PST by CIB-173RDABN (I am not an expert in anything, and my opinion is just that, an opinion. I may be wrong.)
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To: PapaBear3625

Ten four..

That was the big argument when LBJ sent the 101 and 82nd to Detroit during those riots.

The 101st and 82nd were deployed in Detroit during those riots.


65 posted on 11/04/2018 8:16:16 AM PST by crz
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To: Moseley

ALWAYS bear in mind “The Constitution is not a suicide pact.”

Someone may have already posted that little goodie ...

(I would further extend that to any legislation making it so (i.e., a suicide pact), and thereby not in congruence with the Constitution, makes said legislation obviously unconstitutional.)


66 posted on 11/04/2018 8:17:31 AM PST by _Jim (democrats create mobs. Republicans create jobs.)
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To: Moseley
New regulations can clarify that protecting the border does not count as "law enforcement.

It is a law enforcement problem but that does not exclude the fact that it is ALSO a military responsibility.

It not an either or proposition. Posse Comitatus refers to the military's interaction with US citizens domestically not alien nationals violating US Borders.

67 posted on 11/04/2018 8:22:52 AM PST by usurper ( version)
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To: RedMonqey
“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.”

Examples:

Little Rock Central High School 1957

Watts 1965

Detroit 1967

Washington, D.C. 1968, 1969

Los Angeles 1992

68 posted on 11/04/2018 8:26:43 AM PST by centurion316 (,)
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To: Kirkwood

>The military has been used numerous times to protect US citizens within our own borders.<

One forgotten use of our military to protect our citizens within our borders was President Coolige’s ordering the US Marines to ride and protect trains in Oregon during the 1920s.

Anarchists and communists were robbing mail trains going after the first-class and registered mail which in those days was the usual means of transferring cash and valuables throughout the land.

The train robbers took the cash and other valuables to finance their activities fighting the American government.

It didn’t take the Marines long to stop train robberies and shut down the “Reds” financial pipeline.

Hooray for the president and General Smedley Butler.


69 posted on 11/04/2018 8:27:31 AM PST by sciencewriter86
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To: ExTexasRedhead

The Posse Comitatus Act does NOT bar the President from enforcing Federal Law.
Immigration and border law are FEDERAL LAWS.
Eisenhower used Federal Troops in Little Rock to enforce SCOTUS decisions.


70 posted on 11/04/2018 8:28:12 AM PST by ZULU (Jeff Sessions should be tried for sedition.)
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To: CIB-173RDABN

Yeah. We need to fix that.


71 posted on 11/04/2018 8:32:34 AM PST by null and void (Leftards don't know what 8000 illegal aliens marching thru Mexico know - America is a Great country!)
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To: centurion316

Yep good examples


72 posted on 11/04/2018 8:37:06 AM PST by RedMonqey ("Those who turn their arms in for plowshares will be doing the plowing for those who didn't.")
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To: Moseley

American thinker isn’t either American or a thinker.

I guess the idiot author think if we are invaded by a foreign army that only the police can respond.


73 posted on 11/04/2018 8:42:06 AM PST by CodeToad ( Hating on Trump is hating on me and America!.)
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To: RedMonqey

I forgot Mexican Border, 1916. My grandfather played in that one. Troops were both Federal troops and Federalized National Guard.


74 posted on 11/04/2018 8:43:31 AM PST by centurion316 (,)
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To: Wonder Warthog

>”It is as legal as using the US NAVY to patrol US Territorial Waters.”
Actually, I believe that this is tasked to the US Coast Guard, not the Navy.<

The Navy, (which incidentally, is the first federal armed force created by congress), was ordered to patrol the sea lanes to suppress piracy and project American power throughout the world.

The Coast Guard began as the Revenue Marine to combat smugglers that were trying to bring in goods by sea and not pay their tariffs. The Revenue Marine was joined with the Life Saving and Lighthouse Service and renamed the Coast Guard.

The USCG patrols the ocean fisheries well beyond our own coasts, does search and rescue both at sea and along our coastal and river waters.

The Coast Guard are maritime police. By law, a Coast Guard officer is on US Naval vessels patrolling our coasts, to arrest drug and human trafficking smugglers. The Navy has no powers of arrest at sea, only the Coast Guard does.

As the world grows in complexity we find the USN and USCG have overlapping, but necessary functions.

Both the Navy and Coast Guard guard our interest within our territorial waters, and far out at sea in international waters.

And this is as it should be.


75 posted on 11/04/2018 8:49:07 AM PST by sciencewriter86
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To: Moseley

The Pentagon does not refuse requests. It takes orders. Period. The president does not ask the Pentagon for permission to use troops. He orders.

Fake news from anons... is still fake.


76 posted on 11/04/2018 9:09:04 AM PST by MIA_eccl1212 (Imho)
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To: Moseley

My father took us on a trip to Europe in 1959 when I was twelve. We took a luxury train from Paris to Madrid and about sunrise, we approached the Spanish border. I could see on both sides of the tracks Spanish soldiers each holding rifles with ammo belts over their shoulders for at least a mile with about ten feet between each one. You had to hand it to Franco when it came to domestic security.


77 posted on 11/04/2018 9:26:44 AM PST by VietVet876
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To: NorthMountain

My granddaddy started his Army career in they Coast Artillery. He was switched to anti-aircraft in early WWII.


78 posted on 11/04/2018 10:37:12 AM PST by Himyar (Comes A Stillness)
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To: yldstrk

The use of the National Guard at Kent State was perfectly legal. If I’m not mistaken, the military can only be deployed at the request of the state governor.......


79 posted on 11/04/2018 10:39:47 AM PST by Hot Tabasco
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To: Himyar

80 posted on 11/04/2018 10:47:35 AM PST by NorthMountain (... the right of the peopIe to keep and bear arms shall not be infringed)
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