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To: 2ndDivisionVet

It would be illegal for the military to do anything. Posse comitatus.


8 posted on 10/06/2019 6:45:17 AM PDT by Brilliant
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To: Brilliant

Posse Comitatus was gutted a long time ago.

It is of no practical value now whatsoever.


25 posted on 10/06/2019 7:05:08 AM PDT by ChildOfThe60s (If you can remember the 60s........you weren't really there)
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To: Brilliant

Not necessarily...some of the post 9/11 legislation changed some of that...and not in a good way.


30 posted on 10/06/2019 7:21:20 AM PDT by ripnbang ("An armed man is a citizen, an unarmed man, a subject.")
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To: Brilliant; All
Any sitting President faced with an uprising of any sort that had the potential for or was becoming a real challenge to the feds would invoke the Insurrection Act and if he could get away with it declare martial law in ‘certain insurrectionary areas’ and suspend Habeus Corpus. Sadly much of the armed forces would salute and obey. Much of the officer corps reflect what public screwels have been peddling for decades and are left lib statists.
60 posted on 10/06/2019 8:11:16 AM PDT by robowombat (Orthodox)
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To: Brilliant

When the shooting starts, laws will dissolve.

When the shooting stops, NEW LAWS will be made & enforced, by PATRIOTS.


80 posted on 10/06/2019 10:17:52 AM PDT by ridesthemiles
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To: Brilliant

Unless the Insurrection Act is invoked.


87 posted on 10/06/2019 1:02:47 PM PDT by pierrem15 ("Massacrez-les, car le seigneur connait les siens")
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To: Brilliant; 2ndDivisionVet

It would be illegal for the military to do anything. Posse comitatus.

The US Marines can be deployed to protect people,property, and to help people who are suffering. All that is needed is a state Governor’s request, a Presidential order, and implementation of the order by the Secretary of the Navy can begin for a period of 30 to 120 days, without an act of Congress.

See thread :

MANPOWER GUIDANCE FOR ACTIVATION AND DEACTIVATION OF RESERVE COMPONENT (RC) MARINES

http://www.freerepublic.com/focus/f-news/3783773/posts#9

Also the Posse Comitatus Act applies to the US Army and the US Air Force. It does not apply to the US Navy ( US Marines.)


98 posted on 10/06/2019 5:06:36 PM PDT by Candor7 ((Obama Fascism)http://www.americanthinker.com/articles/2009/05/barack_obama_the_quintessentia_1.html)
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To: Brilliant
It would be illegal for the military to do anything. Posse comitatus.

(Yes I know we all hate) Wikipedia Article on Posse Comitatus

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. The purpose of the act – in concert with the Insurrection Act of 1807 – is to limit the powers of the federal government in using federal military personnel to enforce domestic policies within the United States. It was passed as an amendment to an army appropriation bill following the end of Reconstruction and was updated in 1956 and 1981.

The act specifically applies only to the United States Army and, as amended in 1956, the United States Air Force. Although the act does not explicitly mention the United States Navy and the United States Marine Corps, the Department of the Navy has prescribed regulations that are generally construed to give the act force with respect to those services as well. The act does not prevent the Army National Guard or the Air National Guard under state authority from acting in a law enforcement capacity within its home state or in an adjacent state if invited by that state's governor. The United States Coast Guard, which operates under the Department of Homeland Security, is not covered by the Posse Comitatus Act either, primarily because although the Coast Guard is an armed service, it also has both a maritime law enforcement mission and a federal regulatory agency mission.

What is interesting is that this act was forced on the recalcitrant FedGov by the Southern States as part of the compromise of 1877 arising out of the aftermath of the Civil War and the occupation of the South by the North's military.

The Act, § 15 of the appropriations bill for the Army for 1879, found at 20 Stat. 152, was a response to, and subsequent prohibition of, the military occupation of the former Confederate States by the United States Army during the twelve years of Reconstruction (1865–1877) following the American Civil War (1861–1865). The president withdrew federal troops from the Southern States as a result of a compromise in one of the most disputed national elections in American history, the 1876 U.S. presidential election. Samuel J. Tilden of New York, the Democratic candidate, defeated Republican candidate Rutherford B. Hayes of Ohio in the popular vote. Tilden garnered 184 electoral votes to Hayes' 165; 20 disputed electoral votes remained uncounted. After a bitter fight, Congress struck a deal resolving the dispute and awarded the presidency to Hayes.

In return for Southern acquiescence regarding Hayes, Republicans agreed to support the withdrawal of federal troops from the former Confederate States, formally ending Reconstruction. Known as the Compromise of 1877, this agreement involved allowing South Carolina, Florida, and Louisiana to agree to certify Rutherford B. Hayes as the president in exchange for the removal of federal troops from the South.[1]

And, moving ahead a bit, we can see it has been sidestepped before:

In the mid-20th century, the administration of President Dwight D. Eisenhower used an exception to the Posse Comitatus Act, derived from the Enforcement Acts, to send federal troops into Little Rock, Arkansas, during the 1957 school desegregation crisis. The Arkansas governor had opposed desegregation after the U.S. Supreme Court ruled in 1954 in the Brown v. Board of Education that segregated public schools were unconstitutional. 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.[5]

So, there you go. They Posse Comitatus will not prevent FedGov from sending the Army in to "suppress violence" that is in "opposition to the constitutional rights of the people", for instance, abortion.

The article goes into this a little further:

Exclusions and limitations

There are a number of situations in which the Act does not apply. These include:


115 posted on 10/07/2019 8:29:16 AM PDT by Jack Black ("If you believe in things that you don't understand then you suffer" - "Superstition",Stevie Wonder)
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