http://www.unitedpatriotsofamerica.com/border-control/the-posse-comitatus-act-does-not-prohibit-us-military-on-our-borders.html"
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That's right. There is a great deal of mis-understanding and outright willful ignorance (by the left) on this issue.
The regular military (Army, Navy, Air Force & Marines) explicitly have the authority to protect our country's borders from foreign invaders (and invader doesn't have to be other country's military).
U.S Constitution - Article 4, Section 4: Created 1787.
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
invasion noun
1. an act or instance of invading or entering as an enemy, especially by an army.
2. the entrance or advent of anything troublesome or harmful, as disease.
3. entrance as if to take possession or overrun:
4. infringement by intrusion.
The US Army on the Mexican Border: 1845 - 1933 (more than 50 years after the Posse Comitatus Act.)
The US Army on the Mexican Border: A Historical Perspective
Between 1846 and the early decades of the 20th century (prior to 1920), the US Army carried out its security missions under a variety of hardships imposed by the massive length and ruggedness of the border. The shortage of soldiers to police the new and oft-disputed border also proved especially problematic....
By spring 1919, approximately 18,500 US Army soldiers (6,000 cavalry, 8,500 infantry, and 4,000 artillery) were positioned either on the border or within easy striking distance.
From 1918 until 1933, the border was guarded by African-American cavalry and infantry regiments known as Buffalo Soldiers.
The 10th Cavalry Buffalo Soldiers were assigned the mission of guarding the United States- Mexico border during World War I, and companies were stationed at Nogales, Arivaca, and Lochiel. Tensions rose on the border at Nogales in 1918, when rumors spread about German “agents provocateurs” operating in the area, providing military training to Mexican soldiers. On 27 August 1918, a Mexican citizen crossing at the border station from the American side refused to stop for questioning. When a U.S Customs agent and a soldier of the 35th Infantry chased after him, shots were fired and the situation quickly escalated into a battle between regular troops and civilians on both sides. By the time it was over, three troops of the 10th Cavalry and three companies of the 35th Infantry were involved in what became known as the Battle of Ambos Nogales. Three days after the battle, more than 2,000 troops of the all- black 25th Infantry arrived to provide additional protection....
After World War I, all army posts in Arizona were closed except Fort Apache and Fort Huachuca, while limited border patrol operations continued at Camp Little and Camp Newell. Camp Little, which had become very important to the economy of Nogales, was finally closed in January 1933
Prior to 1878 - U.S. Military Used As A Posse Comitatus
Prior to 1878, the U.S. military was used extensively as a posse comitatus to enforce various laws as diverse as the Fugitive Slave Act and Reconstruction-era la ws. Over time, the authority level necessary for local law enforcement to call on the military as a posse comitatus devolved down to the lowest level. For several reasons (e.g., the Army’s increasingly vocal objection to “commandeering of its troops” and Southerners’ complaints that the Northern-based Federal military was unfairly enforcin g laws against them), Congress sought to terminate the prevalent use of Federal Soldiers in civilian law enforcem ent roles. Accordingly, Congress passed the PCA in 1878 as a rider to an Army Appropriations Act, limiting the circumstances under which the Army could be used as a posse comitatus to “execute the laws.”To Whom the Posse Comitatus Act (PCA) Applies.
1. Active duty personnel in the Army and Air Force.
a. Most courts interpreting the Posse Comitatus Act have refused to extend its terms to the Navy and Marine Corps (United States v. Yunis, 924 F.2d 1086 (D.C. Cir. 1991); United States v. Roberts, 779 F.2d 565 (9th Cir. 1986),cert. denied, 479 U.S. 839 (1986); United States v. Mendoza-Cecelia, 736 F.2d. 1467 (11th Cir. 1992); United States v. Acosta-Cartegena, 128 F. Supp. 2d 69 (D.P.R. 2000)).
b. In 10 U.S.C. § 375, Congress directed the forbidding direct participation “by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity.” These regulations appear in DoDI 3025.21. Therefore, the proscription against direct participation in civilian law enforcement activities by active duty military members has been extended by regulation to the Navy and Marine Corps. However, SECDEF and the Secretary of the Navy (SECNAV) may still grant exceptions to this proscription on a case-by-case basis (DoDI 3025.21).
Posse Comitatus Act: 1878
Congress finds the following:http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section466&num=0&edition=prelim(1) Section 1385 of title 18 (commonly known as the "Posse Comitatus Act") prohibits the use of the Armed Forces as a posse comitatus to execute the laws except in cases and under circumstances expressly authorized by the Constitution (i.e. protection against invasion) or Act of Congress.
(2) Enacted in 1878, the Posse Comitatus Act was expressly intended to prevent United States Marshals, on their own initiative, from calling on the Army for assistance in enforcing Federal law.
(3) The Posse Comitatus Act has served the Nation well in limiting the use of the Armed Forces to enforce the law.
(4) Nevertheless, by its express terms, the Posse Comitatus Act is not a complete barrier to the use of the Armed Forces for a range of domestic purposes, including law enforcement functions, when the use of the Armed Forces is authorized by Act of Congress or the President determines that the use of the Armed Forces is required to fulfill the President's obligations under the Constitution to respond promptly in time of war, insurrection, or other serious emergency.
(5) Existing laws, including chapter 15 of title 10 (commonly known as the "Insurrection Act"), and the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), grant the President broad powers that may be invoked in the event of domestic emergencies, including an attack against the Nation using weapons of mass destruction, and these laws specifically authorize the President to use the Armed Forces to help restore public order.
US Border Patrol: established 1924.
I heard Trump met with Congressional leaders, so I believe that is where his call for NG on borders came from. Either way, it is important to have back up for border patrol, who is short handed and in need of more border agents.
I do not believe Mexico is only breaking up the caravan to send them home, or keep them, since from 2010 they yearly help illegals get to our border, and cross!
Thanks for your post!
Thanks for your excellent reply and history lesson of the constitutional rules re our military.