I personally don’t consider military patrolling the border to be a violation of Posse Comitatus. I fail to see how its taking on police duties when the feds have a mandate to protect the borders anyway.
The Coasties patrol the Detroit river and nobody considers it to be a violation. In fact much of what they do is the same as police do on land.
Because it's not. The Coast Guard is not covered.
Another way the get around it is to recruit Aussies and New Zealanders.
I would consider the military patrolling the border as part of its constitutional duty to protect the US. And the military did in fact patrol the border many times during the last centuries and did it exceptionally well.
It's not Art 4, Sec 4 is clear that the federal government has a responsibility to protect the States from invasion.
The Coasties patrol the Detroit river and nobody considers it to be a violation. In fact much of what they do is the same as police do on land.
This is however, a DPS helicopter... which, IIRC, is a LEO-agency, not military. (Which only illustrates the militarization of the police.)
My mom’s uncle was flying border patrol out of El Paso Tx in the 1930s.
LOL!
No, they don't.
The Constitution allows for concurrent jurisdiction by the federal authority at points of entry and a requirement to assist a State to repel invasions or suppress insurrection and rebellions only at the request OF the State.
This contemporary meme that the federal government has any legitimate delegated authority to 'protect our borders' is a steaming pile of horseshit.
The States are obligated to protect their OWN borders, and if folks don't like the fact Texas happened to shoot foreign trespassers from a helicopter.....tough!
I agree with you that it has been misinterpreted as a violation- I think since it is an international border and if they are actually ON the border the interaction would be with citizens of another country attempting illegal entry- not U.S. Citizens. I think it is/should be the job of the military to protect our international borders. I think the reason they claim P.C. is because patrolling is NOT always done right on the border (as I think it should be) so there is/will be interaction with our citizens. Easy solution- put Border Patrol and military assist ON the border.