Friday, May 12, 2006

Posse Comitatus

In the news, currently, is exploration into the idea of using U.S, troops to guard our international borders. It seems that both the defense department, and governors of the border states are looking for authority and funding for such a venture.

The Posse Comitatus act of 1878 has been mentioned as a possible barrier to such a plan. After reading the act itself, then the mission of our armed forces, it seems obvious to anyone that doesn't have his or her head buried in the sand, that this is constitutionally the primary function of our military.

Our Army, etc. is commissioned for the purpose of protecting us from all enemies, foreign and domestic. Perhaps the most basic of this principle is the protection of our borders from invasion. Invasion doesn't have to be battalions or divisions, it can be 20 or 30 people walking across the border at night. Some to find work, others, I'm sure for more serious purposes.

If an uneducated peasant from Mexico can successfully infiltrate our borders, it should go without saying that terrorists can do even better.

This blogger believes that not only is using the military legal, but vital to our security.


tsykoduk said...

I agree - I see nothing in the act which would prohibit use of our armed forces in guarding our border. After all, they are not enforcing the law of the land on our citizens - they are simply stopping illegal incursions by extra-national groups. Where Posse Comitatus might come into play is if they apprehend a US Citizen crossing the border for illicit purposes - say drug trafficking. However, if they do not arrest the person, and simply detain them until local law enforcement assets can arrive, I personally see no issue. I could be wrong - it's happened before! :)

StibitzRK said...

I am also in agreement that our troops can be used to control the illegal entries into our country.

If it is constitutional to use the military to spray insecticide on pot plants in another country, then it's o.k. to use our troops to ensure we are safe from terrorists that might choose to cross our borders on foot.

Further, I don't believe that any of this would even be discussed, if it were not for the actions of the Minutemen excersising thier rights as citizens.

Word Tosser said...

I am one of the dumb ones who thought that is what the National Guard was for.... to guard our nation here at home. The arm services for overseas... and NATIONAL Guard for here...
Hopefully this will help, but anymore, I just don't know.