Table of Contents
- 1 Is there an exception to Posse Comitatus?
- 2 Are militias legal in the US?
- 3 Who has control over DC National Guard?
- 4 What the constitution says about militias?
- 5 Does the military have authority over civilians?
- 6 What was the role of the state militia in the Civil War?
- 7 How did the government recruit soldiers in the Civil War?
Is there an exception to Posse Comitatus?
There are no constitutional exceptions to the Posse Comitatus Act. The law allows only for express exceptions, and no part of the Constitution expressly empowers the president to use the military to execute the law.
Why was the Posse Comitatus Act passed?
Congress, recognizing that the long-term use of the Army to enforce civilian laws posed a potential danger to the military’s subordination to civilian control, passed the Act. The 1878 Posse Comitatus Act made it a crime for anyone to use the Army to enforce federal, state, or local civil laws.
Are militias legal in the US?
Most militia organizations envisage themselves as legally legitimate organizations, despite the fact that all 50 states prohibit private paramilitary activity. Others subscribe to the “insurrection theory” which describes the right of the body politic to rebel against the established government in the face of tyranny.
Can the military fire on citizens?
If a leader out-of-nowhere ordered subordinates to fire on docile civilians, modern American military would not fire. As others have argued, every person in the military knows they are REQUIRED to disobey an unlawful order. Under normal circumstances a soldier will not fire on docile civilians.
Who has control over DC National Guard?
| District of Columbia National Guard | |
|---|---|
| Commander-in-Chief | The President of the United States |
| Secretary of Defense | Lloyd Austin |
| Commanding General | Maj Gen Sherrie L. McCandless, USAF (acting) |
What did the 1981 amendments to the Posse Comitatus Act provide?
The 1981 amendments to the Posse Comitatus Act permit the military to provide civilian law enforcement officials with information, equipment and facilities as well as training and advice.
What the constitution says about militias?
The Second Amendment of the United States Constitution reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Such language has created considerable debate regarding the Amendment’s intended scope.
Can the US military operate on US soil?
The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385, original at 20 Stat. 152) signed on June 18, 1878, by President Rutherford B. Hayes which limits the powers of the federal government in the use of federal military personnel to enforce domestic policies within the United States.
MILITARY POLICE AUTHORITY OVER CIVILIANS – THEY LOOK LIKE POLICE, THEY ACT LIKE POLICE, BUT ARE THEY POLICE? MILITARY POLICE HAVE NO STATUTORY AUTHORITY TO ARREST CIVILIANS ON MILITARY INSTALLATIONS AND OFTEN THE COURTS HAVE STRAINED LOGIC TO UPHOLD THE NECESSITY TO MAINTAIN ORDER.
When was posse comitatus last used?
1967
The provisions for posse comitatus were repealed by the Criminal Law Act 1967.
What was the role of the state militia in the Civil War?
State Organized Militia in the Civil War. The Civil War opened with a call for 75,000 militia to serve for three months. The disaster which ensued at Bull Run practically put an end to the use of militia during the war. A great Volunteer Army of citizen soldiery was called into being which prosecuted the war as a national force.
How many militiamen were there in the Civil War?
No accurate figure can be determined as to the number of militiamen in the Civil War. The organization of volunteer regiments was based upon the militia system, and, until they were mustered into the United States service, they were governed by the militia laws.
How did the government recruit soldiers in the Civil War?
A law of 1863 gave the national administration complete control over recruiting the volunteer army by conscription or otherwise; but the states retained the power of appointing regimental officers, who could, however, be displaced by the War Department and not by the governors.
Do states need state militias?
But it is none the less true that the individual States will have need of, and will be obliged to retain, their State military organizations. War often brings civil disorder, and troops would be needed at home as well as at the front. State militia were called out by State governments to preserve order.