Posse Comitatus Act Analysis
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In Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990), the Court upheld a warrantless, suspicionless checkpoint designed to detect evidence of drunk driving. In that case, police checkpoints were set up, at which all drivers were stopped and briefly (approximately 25 seconds) observed for signs of intoxication. If such signs were found, the driver was detained for sobriety testing, and if the indication was that the driver was intoxicated, an arrest was
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A Disastrous Law In 1878, the Posse Comitatus Act (PCA) was born out of necessity to keep our Nation’s Federal Armed Forces from becoming politicized, used as a regional militia, or for Law Enforcement purposes. This essay provides history and analysis of the Posse Comitatus Act (PCA) and it’s relation to the use of the military for law enforcement in the aftermath of Hurricane Katrina. Total disorganization of command and control during Hurricane Katrina emergency response proved that the Posse Comitatus Act (PCA) should be repealed, or at least revised. History and Explanation of the Posse Comitatus Act What is the Posse Comitatus Act and how did it come about?
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In the year 2011, 39-year-old Abel Fields attended a city meeting about public safety. During the meeting, he presented a speech where he falsely claimed that he had eight years of military experience and was rewarded the Purple Heart. Because of his lies, he was convicted under the Stolen Valor Act and found guilty, sentenced to pay a fine of $1,000. In his case before the Supreme Court, Fields argued that the Stolen Valor Act was unconstitutional, and that his right to free speech had been violated. The Ninth Circuit Court of Appeals ruled in Fields' favor, but the government appealed the decision to the Supreme Court because, according to the Stolen Valor Act of 2005, these fraudulent claims "damage the reputation and meaning of
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When Governor Morris wrote the phrase “provide for the common defense” he meant that the nation will not only defend themselves but other nations as well. Governor Morris also included the phrase “ to ourselves and our prosperity” meaning “ to themselves and their future”. You can
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The United States has undergone a major shift in federalism since the founding in 1789. Dual federalism was the norm from 1789 until the 1930’s. Under this system of federalism the areas of responsibilities that the National government and State government had were demarcated very distinctly. Most areas in citizen’s everyday lives were in fact regulated by the state and local governments. While the national government had responsibilities that were mostly concern with national commerce.
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Abraham Lincoln, a former US president, had stated, “America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves.” Using the book, 102 Minutes by Jim Dwyer and Kevin Flynn, Lincoln’s observation can be proven to be accurate. This is because, in 102 Minutes, a common theme of self-destruction is revealed from the 1993 bombing as well as during 9/11. Self-destruction can be very dangerous when one realizes that when a country, or in this case, a state, diminishes their laws and regulations because, “it is unimportant” and “more cost efficient.”
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According to the Sirs article by Patrik Jonsson, “Gun Debate: Is Price of an Armed America a More Dangerous America?” , “The number of Americans asserting their right to carry concealed guns has exploded - from less than a million a few decades ago to as many as 11 million now [as of 2014].” Since 2007, the amount of concealed carry permits for women has increased by 270% and the amount has increased for men by 156%, which created a 178% increase in total (New Study). Concealed carry is defined as the practice of carrying a concealed firearm on one’s person in public. On Tuesday, July 9, 2013, Illinois was the 50th state in the union to allow this to happen.
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The article “The Dirty Secret About The Four Senate Gun Control Bills” by John R. Lott points out that all the gun control laws aren’t helping anything. John starts off by talking about the Orlando massacre, and how the government was trying to help prevent that. Then he goes on to talk about the senate gun control laws trying to be passed for the purpose of stopping shootings such as the Orlando Massacre. But the fact is that the gun control bills, if passed before the Orlando Massacre, would have done nothing to prevent it. The bills just didn’t do anything to help prevent the massacre.
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