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Posse Comitatus Act Analysis

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In regards to the Posse Comitatus Act of 1878, the main objective of the act was to limit the ability of the federal government to use the military for law enforcement purposes, but little to no success they were used as a security detail according to White House Reports on Hurricane Katrina, sociological journals, and books ranging from Militarizing the American Criminal Justice System (Kraska, 2001) to Acts of God (Steinberg, 2006), (Farmer, 2011). Especially after Hurricane Katrina; it was a prime example of how and why a states needed to be restored with law and order after a disaster hit raising concerns on the President’s legal authority to send active duty military personnel into a disaster area with permissible functions to protect …show more content…

When a disaster occurs the federal, state, and local governments contact the military for help and support due to the their advantages attached to military operations and response which could benefit in them in manpower with specific qualifications, skills and expertise, strategic and rapid mobilization, updated technology and a variety of equipment (helicopters, aircraft, earth-moving machinery, respirators, medical supplies, power and lighting equipment, under-water capability, etc.) that most emergency organizations are unable to acquire on a moment notice (Kapucu, 2011). Besides, the military’s bureaucratic structure with hierarchical rules in place are effective in command, coordination, and control of manpower, authority, and regulations, is beneficial in providing effective response actions during the time of emergency (Anderson 1970; Schrader 1993; Sylves 2008; US House of Representatives 2006) (Kapucu, 2011). This advantage cut time in half because the structure is already set up without questioning who is doing what or who is in charge. Additionally, the military supports in sheltering the homeless, the construction of temporary housing and restoration of minimal critical infrastructure (water, electric, sanitation, communication infrastructure, etc.), (Miskel 2006; Schrader 1993), (Kapucu, 2011). As we can see the domestic use of the military is well needed in crises and emergency

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The armed forces have rendered critical support to state and local (SL) government dating back to the establishment of the nation. Post-9/11, the federal government has taken measures to foster a unity of effort while also encouraging interoperability among all levels of government and the private sector. As a state resource, the Army and Air National Guard (AANG) are under the command and control (C2) of their respective Governors and Adjutant General. Since its inception, the AANGs primary function has been to provide direct, and timely support in response to natural and man-made disasters. Historically, pieces of legislation such as the Posse Comitatus Act (1878) have affected the Department of Defense (DoD) limitations and scope during

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There became an obvious need for immediate assistance from the National Guard and the Active Duty Army to stop looters, crime, and other chaos that ensued shortly after the flood. Gaining assistance from state controlled National Guard units was not overly difficult. Unfortunately, use of Federal soldiers comes with the stipulation that “the Governor of the affected state must request use of the resources of the DoD”. (Stafford Disaster Relief and Emergency Assistance) The Governor of Louisiana, Kathleen Blanco and her staff were already failing to control and lead emergency efforts.

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The questions of whether or not the President has authority to use the military without congress first having declared war has proven to be a great source of conflict throughout history. The confusion comes from the different interpretations of the clauses. Since the Korean War, it has been accepted that the executive powers are that “The president has the power to initiate hostilities without consulting Congress” (libertyclassroom.com). This is often misinterpreted and has been used to expand executive authority and essentially make war without a congressional declaration of war. Perhaps the first example of this misuse of power dates back to the presidency of John Adams.

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They are also involved in emergency relief efforts providing security, medical supplies, and humanitarian

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