Posted by
GunnyG© on Tuesday, December 02, 2008 8:11:38 AM
Before we get into the meat of the essay, let's examine the recent article from the WaPo who seemed to actually take a Constitutional stance on this issue, surprisingly enough!
EXCERPT: "The U.S. military expects to have 20,000 uniformed troops inside the United States by 2011 trained to help state and local officials respond to a nuclear terrorist attack or other domestic catastrophe, according to Pentagon officials. The long-planned shift in the Defense Department's role in homeland security was recently backed with funding and troop commitments after years of prodding by Congress and outside experts, defense analysts said. There are critics of the change, in the military and among civil liberties groups and libertarians who express concern that the new homeland emphasis threatens to strain the military and possibly undermine the Posse Comitatus Act, a 130-year-old federal law restricting the military's role in domestic law enforcement. But the Bush administration and some in Congress have pushed for a heightened homeland military role since the middle of this decade, saying the greatest domestic threat is terrorists exploiting the proliferation of weapons of mass destruction. Before the terrorist attacks of Sept. 11, 2001, dedicating 20,000 troops to domestic response -- a nearly sevenfold increase in five years -- "would have been extraordinary to the point of unbelievable," Paul McHale, assistant defense secretary for homeland defense, said in remarks last month at the Center for Strategic and International Studies. But the realization that civilian authorities may be overwhelmed in a catastrophe prompted "a fundamental change in military culture," he said."
Now, here is the problem that the Feds face and it's called the Posse Commitatus Act of 1878. (and they want it GONE!)
SEC. 15. From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section And any person willfully violating the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by fine not exceeding ten thousand dollars or imprisonment not exceeding two years or by both such fine and imprisonment.
Then we find in United States Code 10, (U.S.C.10) in Section 375. Restriction on direct participation by military personnel: "The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law."
Then in U.S.C 18, Section 1385: Use of Army and Air Force as Posse Comitatus: "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."
RINO and serial idiot Senator Warner of Virginia wrote in Oct 2001 to SecDef Rumsfeld (which probably made Patrick Henry roll over in his grave), "Our way of life has forever changed. Should this law [Posse Comitatus Act] now be changed to enable our active-duty military to more fully join other domestic assets in this war against terrorism?''
There is a reason WHY our military is prohibited from acting as a domestic police force and the Constitution not withstanding, the drafters of the PCA of 1878 realized that an occupation of the US Citizens by the US Military is synonymous with an occupation of the US by the Redcoats since this was really still fresh in people's minds PLUS we had just gone through a Civil War. Also, the military is not trained for this mission. Indeed, there were military advisors at Reno's WACO and we all know how that ended up. Short of a nuclear attack, US troops should NEVER be deployed in America as a police force and those who say they SHOULD, should have their head's examined by a shrink. Even in the Flu epidemic in 1918, US troops were NOT deployed on US soil! The Posse Commitatus Act of 1878 CLEARLY PROHIBITS the Army, Navy, Air Force and Marines from participating in arrests, searches, seizure of evidence and other police-type activity on U.S. soil. Indeed, the US Coast Guard and National Guard troops, which are under the control of state governors, are excluded from the act. Why? Because the USCG enforces Customs and Revenue acts as well as local jurisdiction in American waters and the NG troops are under State jurisdiction unless Federalized and then, only by Presidential Act.
Deputy Defense Secretary Paul Wolfowitz stated in October 2001, "In certain cases we can do more than anyone else in the country because of the special capabilities that we have,'' he said, when referencing preventing terrorism.
Wolfowitz fails to realize the historical precedents for things like this. For example, in Rome, the legions were forbidden from crossing the Tiber or entering into Rome for obvious reasons. One, the vigiles and the magistrates were the law within the city but the founders of Rome realized the dangers of having armed troops, with a general that they were loyal to, inside the walls! Common sense here folks. When the Roman Senate finally got stuck on stupid, Sulla marched on Rome and the rest is history, Rome became a dictatorship not a Republic. The same thing occured in Nazi Germany with the Brownshirts out and about in 1933, "keeping the peace." It must always be remembered that absolute power corrupts absolutely. It ALWAYS does. Don't be fooled by the, "it's only for awhile" or "it's for your own good." BULLSH*T! Anything short of a widespread nuclear attack should be handled by local authorities and the state militia, or which all males 18-55 (or so) are a part of, whether you like it or not. THAT is what the Second Amendment is all about. Remember the Wild West and posse's who were deputized by the sheriff, US Marshall, or a judge and then chased the criminals, patrolled their neighborhoods, etc? That is how we handle this, not deploying the military, and really, this should be viewed as a threat by US citizens.
Dennis Corrigan (Col US Army Ret), who taught the law at the Army's Judge Advocate General's school, stated: "I'm not sure, even with what's going on today, that Congress wants the military arresting people.'' (Sorry Dennis, but that is EXACTLY what they want, especially under the arrogant President-elect.)
Do we really want to start down this road? Obama has already stated that he wants his "blueshirts" out in force, on a national level, every bit as strong as the US military and as well funded! Does that mean that his "blueshirts" will have Predators to monitor Americans? Will we soon become Britain junior, that has CCTV cameras everywhere and with directional microphones as well, so that the police can listen to a conservation, all in the name of law and order? Of preventing terrorism? Where people are photgraphed over FOUR HUNDRED TIMES A DAY! THAT should SCARE THE H*LL out of EVERY decent and REAL American!
Americans had better wake up and smell the coffee before they find themselves without a whole bunch of rights that their Founding Fathers fought for and bequeathed to them. Perhaps Patrick Henry said it best when he said, "I know not what course others may take but for me, give me liberty or give me death."
The Constitution allows for the Federal Government to provide for the general welfare and common defense of the American people but putting the military in the streets is in a clear violation of this. Americans SHOULD BE P*SSED OFF whenever the Federal colossus tramples on the Constitution! They serve US not the other way around. You're hearing it here first folks, there is going to come a time when it is put up or kneel down and the Gunny hopes that a few million HIGHLY p*ssed off and ARMED Americans will not be afraid to forego everything and march on DC to put an end to it. He'll be there, will YOU?
The price of freedom is eternal vigilance. Thomas Jefferson
http://www.washingtonpost.com/wp-dyn/content/article/2008/11/30/AR2008113002217.html