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Posted: 10/7/2001 10:59:46 PM EDT
[#1]
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. |
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Posted: 10/8/2001 4:08:16 PM EDT
[#2]
Quoted: A declaration of martial law would also allow the use of troops on US soil. But that declaration itself would be unConstitutional... -Troy |
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Posted: 10/8/2001 4:14:20 PM EDT
[#3]
Hi Troy, How are you today?
Please cite proof for what you just said. |
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Posted: 10/8/2001 4:24:05 PM EDT
[#4]
The Constitution makes provisions to declare war, etc., but does not give the President, Congress, or anyone else the power to declare martial law, which is a suspension of the Constitution in itself.
-Troy |
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Posted: 10/8/2001 4:27:08 PM EDT
[#5]
So is there a provision anywhere to declare martial law? Is it a state right as opposed to a federal right?
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Posted: 10/9/2001 11:14:59 AM EDT
[#6]
Federalized ARNG troops are not "Regular Army," they're "active component" for the duration of their activation. (The Regular Army is limited in size by law. The Army of the United States has much wider limits -- if the are any at all.)
ARNG in state active duty status cannot technically legally cross state borders, hence we shouldn't expect to see DC ARNG at any DC airports, none of which are located in DC, they're all in MD or VA. |
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Posted: 10/9/2001 12:27:06 PM EDT
[#7]
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.
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Posted: 10/10/2001 12:19:48 PM EDT
[#8]
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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