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To: Porterville
Putting the military on the border for the purpose of law enforcement would be in violation of the posse comitatus act. However having the government build a version of Hadrian's wall on the U.S./Mexican border along with a civilian auxillary backing up the Border Patrol would do a great deal to reduce the volume of illegals. If the military is in fact needed it would require that the Fed.Govt. to purchase land along the border from its civilian owners to create a federal reservation were the military could operate under DOD rules .
93 posted on 02/16/2004 10:55:41 AM PST by Nebr FAL owner (.308 reach out & thump someone .50 cal. Browning reach out & crush someone)
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To: Nebr FAL owner
You are mistaken with respect to the Posse Comitatus Act:

"POSSE COMITATUS ACT" (18 USC 1385): A Reconstruction Era criminal law proscribing use of Army (later, Air Force) to "execute the laws" except where expressly authorized by Constitution or Congress. Limit on use of military for civilian law enforcement also applies to Navy by regulation. Dec '81 additional laws were enacted (codified 10 USC 371-78) clarifying permissible military assistance to civilian law enforcement agencies--including the Coast Guard--especially in combating drug smuggling into the United States. Posse Comitatus clarifications emphasize supportive and technical assistance (e.g., use of facilities, vessels, aircraft, intelligence, tech aid, surveillance, etc.) while generally prohibiting direct participation of DoD personnel in law enforcement (e.g., search, seizure, and arrests). For example, Coast Guard Law Enforcement Detachments (LEDETS) serve aboard Navy vessels and perform the actual boardings of interdicted suspect drug smuggling vessels and, if needed, arrest their crews). Positive results have been realized especially from Navy ship/aircraft involvement.

The actual codes in general leave as a last resort the involvement of DoD but do not prohibit it. Congress could pass tomorrow a resolution to place troops on the border without violating any former law or they could overturn any ambiguous code.

95 posted on 02/16/2004 11:10:41 AM PST by Hostage
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To: Nebr FAL owner
We couldn't use the Nati-Guard on the border for patrols like they do at the bridges and airports? I didn't think this was a violation of the law.
98 posted on 02/16/2004 11:33:11 AM PST by Porterville (Traitors against God, country, family, and benefactors lament their sins in the deepest part of hell)
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