Posse comitatus act

Posse Comitatus Act 1
POSSE COMITATUS ACT
Name
Course
Date
Posse Comitatus Act 2
Introduction
Background information
The Posse Comitatus Act is a United States federal law which was signed in the year
1978 on June 18.
1
The act was signed by the then president Rutherford B. Hayes. The main
purpose of this act is to limit federal government’s power and ability to utilize federal troops to
perform law enforcement operations. Posse Comitatus act was designed to be in concert with the
Insurrection Act of 1807.
2
The act uses federal military personnel so that it can enforce the
domestic policies in the United States. Posse Comitatus act was passed by the respective
authority as an amendment to an army appropriation. This was done following the end of
reconstruction in the United States and it was subsequently updated twice in the years 1956 and
1981. This act during its creation was heavily influenced by the southern states. The bill was
introduced by Congressmen J. Proctor Knott (D-Ky) and it states,
From and after the passage of this act it shall not be lawful to employ any part of the Army of the
United States as a posse comitatus, or otherwise, for the purpose of executing the laws, except in
such cases and under such circumstances as such employment of said force may be expressly
authorized by the Constitution or by act of Congress; no money appropriated by this act shall be
used to pay any of the expenses incurred in the employment of any troops in violation of this
section and any person willfully violating the provisions of this section shall be deemed guilty of
1
Baker, Bonnie. "The origins of the posse comitatus." Air and Space Power Chronicles 1 (1999).
2
Ibid., 1
Posse Comitatus Act 3
a misdemeanor, and on conviction thereof shall be punished by fine not exceeding ten thousand
dollars or imprisonment not exceeding two years, or by both such fine and imprisonment.
3
This act applies to the United States Army specifically. It was amended in the year 1956
to include United States Air force.
4
The act does not specify about the United States Marine
Corps and the United States Navy.
5
However the Navy has ensured it has prescribed regulations
which to some point construed to give this act more force with the respect to the services stated.
The Air National Guard and the Army National Guard are not under this act.
6
Both the Air
National Guard and the Army National Guard are under the state’s jurisdiction. As such, they fall
under the governor. In this sense, both guards can be used as law enforcers when the situation
arises such as during disasters or crisis.
Nature of the Problem
Recently, there have been numerous acts of terrorism affecting many countries
worldwide. In the United States, the 9/11 showed how the citizens of a country can suffer if
terrorism in a country is not regulated or rather, stopped.
7
The Posse Comitatus Act has become a
source of debate in among the public and members of the homeland security. Different groups
have emerged with ideas about this act especially concerning its hindrance to the work of
homeland security. In response to this debate, other individuals have called for it to be
interpreted differently so that it can help keep the people in the country safe from terrorism. The
3
Baker, Bonnie. "The origins of the posse comitatus." Air and Space Power Chronicles 1 (1999).
4
Bea, Keith. "Federal Stafford Act Disaster Assistance: Presidential Declarations, Eligible Activities, and Funding."
library of congress washington dc congressional research service, 2010.
5
Elsea, Jennifer K. "The use of federal troops for disaster assistance: Legal issues." library of congress washington
dc congressional research service, 2006.
6
Kealy, Sean J. "Reexamining the Posse Comitatus Act: Toward a Right to Civil Law Enforcement." Yale Law &
Policy Review 21, no. 2 (2015):
7
Ibid., 1.
Posse Comitatus Act 4
act touches on internal affairs but does not involve the homeland security which is responsible
for handling all the internal security affairs of the country.
8
A resolution will help the homeland
determine the extent to which they will carry out their activities as well as the areas which they
are not supposed to handle. It will also give the homeland security an estimation of the work they
have if a terrorism activity happens in the country. Given the current threat environment and
recent terrorist attacks on our homeland and abroad, the Posse Comitatus Act needs to be revised
to allow more flexibility in the use of active military forces in defense of the homeland and
response to natural or manmade disasters.
Lack of information from Homeland Security
1. Lack of the recent terrorism activity reports in the United States
2. Inadequate information about the powers of Homeland Security
3. Inadequate information about the extent of Posse Comitatus Act influence on Homeland
Security
The Posse Comitatus and Civil Support
There has been an increased expectation from the federal government to protect the
citizens from any man-made disasters if need arise. After the events of Hurricane Katrina and
9/11, the American people expect that the federal government can ascertain their safety as well
as prevent or rather mitigate such situations should it ever prevail on American soil.
9
It has come
to the lime light that Americans are wary of the central government when it comes to giving
8
Bea, Keith. "Federal Stafford Act Disaster Assistance: Presidential Declarations, Eligible Activities, and Funding."
library of congress washington dc congressional research service, 2010.
9
Nevitt, Mark. "Unintended Consequences: The Posse Comitatus Act in the Modern Era." (2014).
Posse Comitatus Act 5
them power. The American civil community and civic culture is squeamish when empowering
the federal government.
10
The United States has found it difficult to find the balance between
freedom of the people and security. The act has caused confusion among the people regarding
the extent in which the military should help the people. Additionally, people do not understand
under what circumstance does the federal military come to help the people.
In the United States, it is not an alien sight to see federal military forces in areas struck by
disaster assisting people including search and rescue for the civilians. They also provide security
for national events when requested and approved by the relevant administration.
11
However,
where the issue of federal military comes into question is in the area of law enforcement.
12
This
is the area which Homeland Security is designed to help. The Posse Comitatus Act prohibits the
Air Force and the US Army from conducting these traditional duties.
13
The enforcement of
duties for instance arrest, investigations, use of intelligence on operations regarding citizens of a
country, and seizure has always lied solely with the department of Homeland Security. These are
the duties which are termed as active military support to the enforcement of law. This is frowned
upon by the people as well as illegal when it comes to the law. Conversely, it is identified as
being violations of civil rights on the population. Nonetheless, it can be noted the military can
aid in law enforcement in a passive role. This can include training law enforcers as well as the
public in matters regarding disasters or terrorism prevention, allowing military base to be used
10
Nevitt, Mark. "Unintended Consequences: The Posse Comitatus Act in the Modern Era." (2014).
11
Ibid., 54.
12
Bea, Keith. "Federal Stafford Act Disaster Assistance: Presidential Declarations, Eligible Activities, and
Funding." library of congress Washington dc congressional research service, 2010.
13
Baker, Bonnie. "The origins of the posse comitatus." Air and Space Power Chronicles 1 (1999).
Posse Comitatus Act 6
for training, sharing military equipment and sharing information with other law enforcers to
assist in making the country safe.
14
The Posse Comitatus Act has a way that it can be bypassed through the use of the
Stafford Act.
15
This Act allows the president to use the federal aid in assisting the people who
have been hit hardly by natural disasters and man-made disasters. The president can use military
to provide services such as removal of debris, medical care, as well as distribution of food and
water. Situations involving tornadoes, hurricanes, and floods are where the president can allow
the military to take part in helping the citizens. The problem arises when there is rioting and
looting during such events. One of the questions that arise is what the federal military role in
such a situation is. For instance, if the law enforcements are not adequate or they have been
overwhelmed, the role of the military in this case is not defined. The Stafford Act fails to give
the president the power to make the federal military to become law enforcers. It does not allow
the military to practice these powers.
16
The authorization for the federal military to participate in such an activity must come
from elsewhere. Before the department of defense can assist or take its force to help the people,
request for assistance must be made by the state or local government.
17
The department of
defense does not have the authority to order its members or rather its force to provide relief. The
14
Elsea, Jennifer K. "The use of federal troops for disaster assistance: Legal issues." library of congress washington
dc congressional research service, 2006.
15
Baker, Bonnie. "The origins of the posse comitatus." Air and Space Power Chronicles 1 (1999).
16
Tighe, Scott, and William Brown. "The Militarization of Law Enforcement: Bypassing the Posse Comitatus Act."
(2015).
17
Weston, Mark C. Review of the Posse Comitatus Act After Hurricane Katrina. ARMY WAR COLL CARLISLE
BARRACKS PA, 2006.
Posse Comitatus Act 7
department has first to wait for confirmation from the Immediate Response Authority. The
timeframe and the amount of support that the military should provide are limited by the
Immediate Response Authority.
18
In spite of all the legal authorities and regulations that have
been outlined, the proper use of the military still lingers. A misunderstanding of and uncertainty
by the local civilian leaders, military forces, and civilian population still do not understand to
what extent these individuals should help. The good examples of how the federal military have
been ineffective in helping the citizens are exemplified by the Hurricane Katrina, The La Riots,
and the Branch Davidian Complex incidents. As such, the act needs to be flexible in such a way
that it can allow the federal military to help homeland security especially in minimizing terrorism
which is currently the biggest threat in the world.
Case studies
Posse Comitatus Act has outlived its function in the United States as an act which
protected its people. Currently, the act has become a big hindrance in Homeland security. Since
the nineteenth century, the law has become a limitation on the use of military forces to help the
citizens or maintain law and order in situations which have overwhelmed the law enforcers.
19
Many people have continued to suffer as a result of the reluctance of the military to help calm the
situation. For instance, if countries such as in Europe allowed the military to police the streets,
most of the attacks ongoing in the country would not exist. The same case has happened in the
United States. The lawmakers should consider the state of the current world and understand that
18
Elsea, Jennifer K. "The use of federal troops for disaster assistance: Legal issues." library of congress washington
dc congressional research service, 2006.
19
Kealy, Sean J. "Reexamining the Posse Comitatus Act: Toward a Right to Civil Law Enforcement." Yale Law &
Policy Review 21, no. 2 (2015): 3.
Posse Comitatus Act 8
the military are essential in keeping peace. To bring these into perspective, three cases will be
used to analyze the effect of military on homeland security. These three case studies are The
Branch Davidian Complex incident, the LA riots, and the Hurricane Katrina.
The Los Angeles Riots
In the year 1992 on 29
th
April, racial riots broke out in Los Angeles especially the South
Central section.
20
The riots happened after the police were seen beating Rodney King and were
acquitted of the charges later. After that trial, the people shortly saw a man again being pulled
out of his truck and beaten mercilessly. The person was nearly beat to death. These actions
motivated the people in this area to riot in protest to what they felt was unfair treatment. The
racially motivated rioters engaged in vandalism in the area as well as using fire to torch many
properties. As a result of this riots, the ensuing days saw more than 2000 people being injured
and a further 54 individuals dying.
21
The law enforcers that were involved in controlling this situation were LAPD. However,
they could not contain the riots and they were later overwhelmed. This led to them requesting
help from the California Army National Guard (CAARNG).
22
As noted earlier, the National
Guard Army was a state military and as such, it is not under the PCA. Therefore, this force could
assist the LAPD forces in the South Central Los Angeles. The state military responded with
about 2,000 guard troops. This force is composed of reserve force and some other individuals
20
Hall, Abigail R., and Christopher J. Coyne. "The militarization of US domestic policing." The Independent Review
17, no. 4 (2013): 485-504.
21
Haynes, John T., and Linda C. Rodriguez. "EMERGENCY, EMERGENCY!: Local Emergency Manager
Perspectives On Partnerships With Defense Services For Emergencies." In Proceedings of the International
Association for Business and Society, vol. 27, pp. 72-81. 2016.
22
Baker, Bonnie. "The origins of the posse comitatus." Air and Space Power Chronicles 1 (1999).
Posse Comitatus Act 9
who hold regular civilian jobs and. Once ordered, they took time to assemble which further
worsened the situation. The CAARNG and the LAPD made progress in the first few days but the
riots were still too much for them to handle and they continued to struggle. At the moment, the
leaders had already alerted the federal military forces to be ready in the nearby Ft. Ord and Camp
Pendleton.
23
With the violence still continuing in the Area, the Mayor and Governor requested for help
especially federal assistance to deal with the rioting individuals. On that same day, there were
more than 4,000 marines and soldiers deployed in this same area. The then president, Bush
deployed these forces not by using the Insurrection Act but by using the authority for a president
described in USC Title 10, section 333. This section states that,
The President may employ the armed forces, including the National Guard in Federal service,
to (A) restore public order and enforce the laws of the United States when, as a result of a
natural disaster, epidemic, or other serious public health emergency, terrorist attack or
incident, or other condition in any State or possession of the United States, the President
determines that - (i) domestic 18 violence has occurred to such an extent that the constituted
authorities of the State or possession are incapable of maintaining public order.
24
This case showed that the federal forces could still participate in law enforcement.
However, most of the local authorities were still appalled at this development and did not
understand why the federal military were participating in keeping law and order within the
23
Haynes, John T., and Linda C. Rodriguez. "EMERGENCY, EMERGENCY!: Local Emergency Manager
Perspectives On Partnerships With Defense Services For Emergencies." In Proceedings of the International
Association for Business and Society, vol. 27, pp. 72-81. 2016.
24
Baker, Natalie D. "“Making it Worse than What really Happened”: social chaos and Preparedness as Problematic
Mythologies in Disaster communication." Frontiers in Communication 1 (2016): 2.
Posse Comitatus Act 10
country. However, it can be noted that the federal military did not participate in the action.
Military lawyers had warned them against participating in order to avoid contravening the PCA
acts.
25
This is a clear case of how the PCA act is ineffective in helping homeland security. The
riots of 1992 would have been ended a long time ago if the military were used.
26
However, it had
to drag along as the different group pondered what action should be taken. The resulting case
was the death of many innocent lives. There could have been few injuries and probably loss of
properties if the federal military would have intervened. The act acted against its own people and
the protection of both the citizens and the law enforcers. In this instance, the federal military
were deployed to the region but failed to participate. They only worsened the situation for the
law enforcers who had prepared themselves to be helped but later had to adjust their strategies to
quench the riots. Therefore, the PCA act is ineffective for the American people. It only makes
the work harder for the Homeland security instead of helping them stop such internal issues that
help the society be a better place.
JTF-6 and the Branch Davidians
This is another case study that shows how the PCA act is a hindrance to the homeland
security especially in trying to make America a better place for its citizens. In this case, the
congress in 1981 decide to pass the “1981 Military and Civilian Law Enforcement Statute and
25
McElreath, David H., Daniel Adrian Doss, Hilliard Lackey, Mike Wigginton, and Don W. Jones. "State defense
forces: Strategic resources for homeland security and emergency management." 2015-2016 OFFICERS President
President-Elect Program Chair Program Chair-Elect (2016): 264.
26
Baker, Natalie D. "“Making it Worse than What really Happened”: social chaos and Preparedness as Problematic
Mythologies in Disaster communication." Frontiers in Communication 1 (2016): 2.
Posse Comitatus Act 11
1982 defense Authorization Act.”
27
This led to the addition of Chapter 18 to Title 10 U.S.C.
28
The reason for this act was increasing the assistance of the military to civil authorities. They also
wanted the military to contribute to the war against drugs. As such, theJTF-6 now referred to as
JFT-N was formed in 1989 as a federal military task in aiding with the fight against drugs in the
United States. This however did not materialize. On February 1993, the task force received a
request to assist in operations that involved a religious sect called the Branch Davidians.
29
This
group was led by David Koresh. The group had been monitored for some time in relation to
drugs and alcoholism. The Bureau of Alcohol, Tobacco and Firearms wanted to conduct a search
warrant in this place.
The BAFTA requested assistance from the JFT-6 which included medical personnel,
firing range support, and evacuation personnel and training.
30
This did not materialize again like
the LA Riots. The legal advice from the military lawyers cautioned the JFT-6 against
participating in this activity. This led to the task force withdrawing and leaving the BAFTA to
deal with the situation alone. The hesitation by the JFT-6 caused some of the members to escape.
However, their participation as well led to condemnation from the public and the media. They
were criticized for their involvement. Although the JFT-6 were mandated to participate in
activities related to drug use in the American soil, the misunderstanding of legal advisors led it to
be a big issue.
31
Once again, the confusion related to the use of military for law enforcement
27
Ibid., 264.
28
Ibid., 2.
29
McElreath, David H., Daniel Adrian Doss, Hilliard Lackey, Mike Wigginton, and Don W. Jones. "State defense
forces: Strategic resources for homeland security and emergency management." 2015-2016 OFFICERS President
President-Elect Program Chair Program Chair-Elect (2016): 264.
30
Kopel, David B., and Paul M. Blackman. "Can Soldiers Be Peace Officers? The Waco Disaster and the
Militarization of American Law Enforcement." Akron Law Review 30, no. 4 (2015): 2.
31
Ibid., 2.
Posse Comitatus Act 12
shows how it hinders the progress of homeland security. Many at times when the federal military
have the chance to help with law enforcement, the PCA comes into play downplaying their
addition to the law enforcers.
32
In this same situation, the use of the military became undefined
and resulted in the bad people ensuing. The people involved in drugs could have been arrested
easily. Conversely, drugs would have been a small issue in the United States if the JFT-6 would
have continued with their work. So far the current drug force has failed in nailing the issue of
drugs in the country leaving millions of people suffering from its use. Homeland security
therefore continues to be in shambles because of the refusal of the military to participate in law
enforcement. The PCA act has made it difficult for them to be part of the American task force.
Hurricane Katrina
Hurricane Katrina is one of the disasters that caused a huge loss of property for
Americans as well as lives of people. The Hurricane happened in 2005, specifically near
Mississippi and Louisiana coasts.
33
During this period, the government requested task force who
could help with this situation to form a joint task team. There were 17,000 active duty troops,
42,000 National Guard, and 20 US ships were deployed to this particular area.
34
One of the
shortcomings of the task force was that there was unity but not one command or authority. The
president had requested the federal military to assist in this area under the Insurrection Act to
prevent vandalism, looting, and rioting. However, this could not happen because of the PCA.
Although the Insurrection Act allowed the military to help people in the area, stopping things
such as looting was not part of their task. As such, this led to massive looting and vandalism of
32
Cairns, Kathleen A. "Brenda E. Stevenson. The Contested Murder of Latasha Harlins: Justice, Gender, and the
Origins of the LA Riots." The American Historical Review 119, no. 3 (2014): 947-948.
33
Ibid., 947.
34
Ibid., 948
Posse Comitatus Act 13
property. The federal military could only look at what was going but could not help at all. Their
power forbids them to make arrests.
In this case, it can be identified how the PCA act is a total hindrance to homeland
security. For instance, the national guards would have been confident that the military would
help in stopping vandalism. However, this was not the case because the PCA did not give them
such a power. The looting was happening right in front of their eyes. The federal military in this
case made it worse for the national guards to stop the vandalism and looting. Apart from not
stopping vandalism, they would have ensured that they mitigated injury to persons in this area
from the vandals and looters. In many cases, it can be identified that unity of effort usually
happens but because of the different chain of commands, the unity of command become non-
existent.
The case studies show that PCA hinders the work of homeland security in the United
States. The homeland security needs all the help it can get to mitigate the risk that faces the
country. The military possesses some of the best equipment and intelligence that can help with
controlling these issues.
35
Additionally, the military has the man power that can be used in all the
problems that faces the country especially when it comes to terrorism or rather, law enforcement.
The failure to use the military can be categorized as a waste of resources and citizens tax. Most
of the federal military are holed up in their camps without any work apart from those who are in
foreign countries such as Afghanistan, Syria and Iraq fighting off terrorists.
36
All the others who
35
Kahan, Jerome H. "What's in a name? The meaning of homeland security." Journal of Homeland Security
Education 2 (2013): 1.
36
Cairns, Kathleen A. "Brenda E. Stevenson. The Contested Murder of Latasha Harlins: Justice, Gender, and the
Origins of the LA Riots." The American Historical Review 119, no. 3 (2014): 947-948.
Posse Comitatus Act 14
are in the country would have helped to keep law and order in one way or another. The biggest
help that these people can give to the homeland security is ensuring that during disasters, they
can be available. The simple law enforcement such as thuggery, petty thieves, and household
cases can be carried out easily by the homeland security. The federal military can as well help
with dealing with social issues that have continued to degrade the lives of many American’s such
as drugs. The fight against drugs has yielded no fruit and it should be time the military can be
used during these operations. By continuing to uphold the PCA act, the government is ensuring
that the homeland does not work to its limit. Cases of terrorism will continue to be prevalent in
the country as well as drug use. It is high time that the government considers the use of the
federal military to help homeland security to keep the people of America safe from all vices that
can affect them.
Future of Posse Comitatus Act
After the 9/11, there have been several debates regarding whether Posse Comitatus Act
should be rescinded or not.
37
Different individuals have come up with ideas that rescinding the
act will lead to federal forces having a better ability to mitigate the loss, injury, vandalism and
looting in times of distress in an area or crisis. It can however be argued that the Posse Comitatus
Act is an artifact of the difference between slavery and freedom or the South and North. During
that period, the main conflict was freedom and slavery. Right now, the main conflict is between
terrorism and civilization. The act therefore does not represent the current times. It is an act that
37
Kahan, Jerome H. "What's in a name? The meaning of homeland security." Journal of Homeland Security
Education 2 (2013): 1.
Posse Comitatus Act 15
is based on a different conflict. The act should therefore be changed totally so that it can
represent the new people or the new society.
Currently, if a catastrophic event happened in the United States, there are few
respondents that could help with the situation. Time as proved that the respondents such as
national guards always become overwhelmed at a certain stage during crisis. One of the biggest
problems is the bureaucratic red tape which usually takes time and leads to loss of lives. The
unnecessary delays caused by these bureaucratic processes have been known to worsen any
crisis.
38
In cases of distresses, the response should be instant, well organized and the directions
are clear. Having the federal military without knowing if they can partake in a rescue mission is a
big issue for homeland security. There are many movements within the government that can
ensure that the PCA act is changed or rather removed so that the process of helping people is
made easy.
It is therefore necessary that a new bill be ratified. The current Posse Comitatus Act need
to be repealed. New provision should be passed which will allow the federal military to perform
across the board of spectrum of departments and agencies in order for them to work in a single
unity of effort during and before the times of need. The government should apply a cohesive plan
or legalize properly and utilize the civilian and military force to support the homeland security
especially the national government. One of the recommendations that can be made is the creation
of one director of National Intelligence whom will have the power to unite the various 27
agencies of the intelligence community.
38
Rizer, Arthur. "Trading Police for Soldiers: Has the Posse Comitatus Act Helped Militarize Our Police and Set the
Stage for More Fergusons." Nev. LJ 16 (2015): 467.
Posse Comitatus Act 16
Conclusion
In conclusion, Posse Comitatus Act is an act that can be considered outdated. The federal
military are not used effectively in the United States. This is the group that has information as
well as physical asset that can be used to mitigate problems in times of crisis. Posse Comitatus
Act has ensured that such activities cannot be carried out. The federal military therefore continue
to be underutilized in every aspect. It is worth noting that not all of the federal military are used
in foreign combat. Majority of them are based in the country. These soldiers could use some
training or rather be given small duties to make them active. By being given various functions,
they will help homeland security to combat cases of terrorism and other kind of activities that are
against the law.
The homeland security is striving to ensure all the people live in harmony. The cases of
Los Angeles Riots and Hurricane Katrina are just examples of how the PCA has managed to
worsen the situation of Homeland security. The main route that can be taken now is rescinding
the Posse Comitatus Act. A new bill can then be drafted which will encompass the federal
military activities within the country. This will help the homeland security in mitigating both
natural and man-made disasters in the country. The two can achieve great success by ensuring
that the people live in peace. The cases of terrorism will greatly reduce thereby making the
country safe for its citizens. Posse Comitatus Act should be done away with as soon as possible.
Posse Comitatus Act 17
Bibliography
Baker, Bonnie. "The origins of the posse comitatus." Air and Space Power Chronicles 1 (1999).
Baker, Natalie D. "“Making it Worse than What really Happened”: social chaos and
Preparedness as Problematic Mythologies in Disaster communication." Frontiers in
Communication 1 (2016): 2.
Bea, Keith. "Federal Stafford Act Disaster Assistance: Presidential Declarations, Eligible
Activities, and Funding." library of congress Washington dc congressional research
service, 2010.
Cairns, Kathleen A. "Brenda E. Stevenson. The Contested Murder of Latasha Harlins: Justice,
Gender, and the Origins of the LA Riots." The American Historical Review 119, no. 3
(2014): 947-948.
Elsea, Jennifer K. "The use of federal troops for disaster assistance: Legal issues." library of
congress washington dc congressional research service, 2006.
Hall, Abigail R., and Christopher J. Coyne. "The militarization of US domestic policing." The
Independent Review 17, no. 4 (2013): 485-504.
Posse Comitatus Act 18
Haynes, John T., and Linda C. Rodriguez. "EMERGENCY, EMERGENCY!: Local Emergency
Manager Perspectives On Partnerships With Defense Services For Emergencies." In
Proceedings of the International Association for Business and Society, vol. 27, pp. 72-81.
2016.
Kahan, Jerome H. "What's in a name? The meaning of homeland security." Journal of Homeland
Security Education 2 (2013): 1.
Kealy, Sean J. "Reexamining the Posse Comitatus Act: Toward a Right to Civil Law
Enforcement." Yale Law & Policy Review 21, no. 2 (2015): 3.
Kealy, Sean J. "Reexamining the Posse Comitatus Act: Toward a Right to Civil Law
Enforcement." Yale Law & Policy Review 21, no. 2 (2015): 3.
Kopel, David B., and Paul M. Blackman. "Can Soldiers Be Peace Officers? The Waco Disaster
and the Militarization of American Law Enforcement." Akron Law Review 30, no. 4
(2015): 2
McElreath, David H., Daniel Adrian Doss, Hilliard Lackey, Mike Wigginton, and Don W. Jones.
"State defense forces: Strategic resources for homeland security and emergency
management." 2015-2016 OFFICERS President President-Elect Program Chair
Program Chair-Elect (2016): 264.
Nevitt, Mark. "Unintended Consequences: The Posse Comitatus Act in the Modern Era." (2014).
Rizer, Arthur. "Trading Police for Soldiers: Has the Posse Comitatus Act Helped Militarize Our
Police and Set the Stage for More Fergusons." Nev. LJ 16 (2015): 467.
Tighe, Scott, and William Brown. "The Militarization of Law Enforcement: Bypassing the Posse
Comitatus Act." (2015).
Posse Comitatus Act 19
Weston, Mark C. Review of the Posse Comitatus Act After Hurricane Katrina. ARMY WAR
COLL CARLISLE BARRACKS PA, 2006.

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