POSSE COMITATUS WON'T SAVE YOU FROM THE U.S. MILITARY

POSSE COMITATUS WON'T SAVE YOU FROM THE U.S. MILITARY


By Ron Ewart
April 15, 2015
NewsWithViews.com

GOVERNMENT CAN GET YOU ANYTIME IT WANTS. If a person, group of people, or a government has power over you, that means they can control what you do, or force you to do what you don't want to do. That power comes either by the force of law with corresponding punishments for not obeying the law, or by force of violence using the gun or other weapons that can threaten or take your life, or rob you of your liberty.

In many of our articles over the last 10 years, we have written about the growing power of the American government, at all levels, but mostly at the federal level. No matter what anyone thinks, the evidence points directly at a trend towards absolute power. That is what governments do over time. But the only way to project absolute power is by force and that force comes in the form of civilian or military power where that power can incarcerate you, or kill you …... for any reason!

The Founders went to great lengths to set up a government system that was based on the rule of law, not rule by force. Overtime, as laws proliferated into millions of laws piled on top of one another, enforcement of all those laws became problematic. As more people broke the laws, many without knowing it, government's response was to increase enforcement.

In a previous article on laws we wrote: "Every Time A New Law Is Written"

"By just sheer numbers, the more laws that are written, the less likely the entire population will even know about the laws, or understand them, or know of their consequences or penalties for violation, much less be in compliance with them. The consequence of too many laws is that huge segments of the public are totally unaware of their existence. And yet, under the law, ignorance of the law is not a defense. Then, when the hapless individual comes face-to-face with the law, it results in anger and frustration for that individual and a spiraling degradation of freedom and liberty for all of us."

"Many laws are written at the insistence of lobbying or special interest groups with very narrow and purposely hidden agendas. The public never has an opportunity for real input and society as a whole is not benefited. Partisan politics often compromises a new law into meaningless, often conflicting legislation, leaving loopholes over which lawyers can argue over for decades."

"In the final analysis, extending legislating and law creation to its absurdity, one arrives at a point where there are so many laws that no one is in compliance and we end up losing our ability to enforce any of them. We become in fact, lawless by the very chaos that the policy makers have created."

UNLESS THE CENTRAL GOVERNMENT SENDS IN FEDERAL TROOPS!

What this all boils down to is that the more laws there are and the more people there are to be controlled by those laws, the greater the need of enforcement by guns. It is clear that government will never allow the people TO BECOME LAWLESS. After all, government's role is to keep the peace and restore order no matter how many liberties the people have to give up.

As the federal government grew larger and more powerful, it became the logical repository for the military power needed to control all those millions of people to make sure they comply with all the millions of laws that the people know nothing about. They must keep order and control at all costs. But it must be remembered that local law enforcement is trained to use minimal force, where the U. S. Military is trained to use maximum, overwhelming force. That is the undeniable difference and a direct threat to individual liberty.

The Posse Comitatus Act of 1878 (Pub. L. 18 USC P 1385) was supposed to keep the U. S. Military from enforcing local and federal law, or assisting local law enforcement in that duty. Well before the Posse Comitatus Act was passed, Congress passed the Insurrection Act of 1807 (Pub. L. 10 USC 331 thru 335) which was a "set of laws that govern the ability of the President to deploy U. S. troops on American soil." Such deployment could only come at the request of a governor of the state in which an event was taking place requiring a larger military force. This all changed after Hurricane Katrina where the Louisiana governor did not request federal troops to restore order. Congress went ahead and modified the Insurrection Act as follows:

"Section 1076 of the law changed Sec. 333 of the 'Insurrection Act,' and widened the President's ability to deploy troops within the United States to enforce the laws. Under this act, the President may also deploy troops as a police force during a natural disaster, epidemic, serious public health emergency, terrorist attack, or other condition, when the President determines that the authorities of the state are incapable of maintaining public order. The bill also modified Sec. 334 of the Insurrection Act, giving the President authority to order the dispersal of either insurgents or 'those obstructing the enforcement of the laws.' The law changed the name of the chapter from 'Insurrection' to 'Enforcement of the Laws to Restore Public Order.'"

But ladies and gentlemen, it gets far worse from there. The Department of Defense (DOD) has inserted itself into the use of U. S. Military force on American soil and enforcing local law and assisting local law enforcement. In our research we ran across a 2004 DOD document (republished in 2009) that spells out in detail that Posse Comitatus is dead and the Insurrection Act must be expanded. Here are excerpts from that document.

Legal Authority to Use Federal Troops to Enforce the Law

The Insurrection Act is the most important legal authority for the President to authorize the use of federal troops to enforce the law. The Insurrection Act (there is really no single 'Insurrection Act' per se but this name has been applied collectively to the four statutes noted below) consists of four statutes enacted at different times for different reasons that, when considered as a whole, provide the power that Presidents have used many times as the legal basis for using troops to enforce the law. The four sections of the act are as follows:

• Title 10, Section 331 was enacted in 1792 in response to challenges to the taxing power of the federal government. It allows the President, at the request of a governor or state legislature, to put down an insurrection by calling into federal service sufficient militia to "suppress the insurrection."

• Title 10, Section 332 was enacted in 1861 at the outset of the Civil War. It allows the President to use the armed forces to enforce the laws or suppress a rebellion whenever, in his opinion, unlawful obstructions, combinations, or assemblages or rebellion against the authority of the United States make it impractical to enforce the laws using the course of judicial proceedings.

• Title 10, Section 333 was enacted in 1869 during the Reconstruction Era. It allows the President to use the armed forces or militia to respond to insurrection, domestic violence, unlawful combination, or conspiracies that prevent a state government from enforcing the laws.

• Title 10, Section 334 was enacted in 1861. It prescribes that the President shall issue a proclamation calling on insurgents to disperse before using the militia or armed forces to enforce the law.

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