"Arrest Ridge for not caring a damn about individual freedom and the constitution."
Hold on there partner, read the article, it's "The Posse Comitatus Act of 1878" and not the Constitution in question. Congress passed this Act meaning it's a law.
That said, there really isn't much point in changing the law. You can conjure up all sorts of examples such as the military being unable to intevene in a WMD scenario, but I think such scenarios are unrealistic.
Suppose there was a nuclear bomb set to go off on US soil and the only way it could be stopped involved the use of the US Army. I, for one, and I am a commissioned officer, would find a reason to get involved regardless of Posse Comitatus. There's simply no way I, or any other officer, would let a WMD event occur, if it could be stopped, just because I was afraid of being in violation of a law. I'd take my chances in front of Court Martial instead. My defense would be that any law that required me to stand idly by while thousands of my fellow citizens were killed was un-constitutional.
Hold on partner...Read that again. Nowhere did I tie Ridge to the Posse act. In fact I do not mention it at all.
That said, if you were to take the law unto your own hands, I think you might well have to answer for your actions in a civil court, I would not wait for the military to act. Good intentions are just that and sometimes are misguided. I want no part of military power of arrest and that is what this is about.
posted on 07/21/2002 4:00:52 PM PDT
Duke! Duke! Duke! First of all, the notion that any of "our" super-sleuths (in government) would be able to detect such an event, antecedent to the actual occurrence, is preposterous! I mean, their track record ain't exactly commendable! Nevertheless, I still think that the job could be handled by the Feebs or the local coppers! No need for the Military at this point. These government people are quite hysterical, and unjustifiably so, IMHO.
I, for one, and I am a commissioned officer, would find a reason to get involved regardless of Posse Comitatus. There's simply no way I, or any other officer, would let a WMD event occur, if it could be stopped, just because I was afraid of being in violation of a law. I'd take my chances in front of Court Martial instead. My defense would be that any law that required me to stand idly by while thousands of my fellow citizens were killed was un-constitutional.
Thank you! There ARE some good minds and many heroes and potential heroes in the military. I was hoping one would make it to this board!
Your remark is true as far as it goes, it is not a Constitutional question. However, I have to agree with cynicom re: Jail Tom Ridge. He and the rest of the crop of professional politicians do nothing with the Constitution except wipe their a$$es with it.
posted on 07/22/2002 10:41:11 AM PDT
WRT your comments regarding WMD, I agree. In that case, it is far easier to ask forgiveness than permission and your zeal to live up to your oath is commendible.... in the finest traditions of the service. However, I am rather concerned about many of our current crop of service people who have come up through the gooberment skools all their lives and then gone into the military that has suffered from the eight Clowntoon years plus, IMHO, at least SOME of the Bush I years of drawdown and politicization. These people would not hesitate to follow Unconstitutional and unlawful orders for the simple reason they don't KNOW better because they have never been taught better. WHEN do they learn about the Constitution? WHAT do they learn about it? Only what those IN POWER want them to know, despite so-called "party labels." I doubt that one of 1000 would be able to discuss the BoR or the limits on FedGov power that the Constitution is all about.
Are you on Active Duty now? I invite you to cut and paste the URL here: http://www.VetsCoR.org
and come visit Veterans for Constitutional Restoration.
posted on 07/22/2002 10:41:44 AM PDT
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