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Posted: 10/7/2001 6:01:59 PM EST
ISn't the placing of the National Guard at the direction of the President and being paid for by the Federal Govt. a violation of the Posse Comitatus Act?
Link Posted: 10/7/2001 9:59:46 PM EST
Posse Comitatus only applies during peacetime. States of national emergency or war allow the use of US troops on US soil. A declaration of martial law would also allow the use of troops on US soil. In the case of a national guard callup, those troops are considered 'mobilized' and in federal service, the same as regular US military forces, for the duration of the mobilization. There are probably some nuances I'm missing, having not devoted serious study to the subject, but I believe that's the gist.
Link Posted: 10/8/2001 3:08:16 PM EST
Link Posted: 10/8/2001 3:14:20 PM EST
Hi Troy, How are you today? Please cite proof for what you just said.
Link Posted: 10/8/2001 3:24:05 PM EST
Link Posted: 10/8/2001 3:27:08 PM EST
So is there a provision anywhere to declare martial law? Is it a state right as opposed to a federal right?
Link Posted: 10/9/2001 10:14:59 AM EST
Link Posted: 10/9/2001 11:27:06 AM EST
I don't believe the size of the Regular Army is limited by law. There may be limits on the number of officers with Regular Army commissions but that does not limit the size of the Regular Army itself. The main limits on size are budgetary.
Link Posted: 10/10/2001 11:19:48 AM EST
For a good example of federalizing the National Guard, look to the integration of schools in the south. Gov. Wallace called up the National Guard to enforce segregation and the next day Kennedy federalized them and they were escorting the same folks that the day before they were blocking from entrance. It's cool how history teaches us. TRW
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