POSSE COMITATUS
President Bush the other day (Sept 26th) sought through, as it turns out, a not so unusual request, to modify again, the now historically well modified Posse Comitatus Act, 1878, and/or The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Nov. 23, 1988), in order to federalize future hurricane-relief efforts, by removing governors from the immediate emergency decision-making process.
The embarrassment of watching Louisiana Gov. Kathleen Babineaux Blanco and New Orleans Mayor, Ray Nagin's mutually confusing, debilitating and reprehensible responses to the Katrina Holocaust, was then followed by Governor Blanco's and Governor Haley Barbour's rejection of the President's offer to federalize their State's National Guard troops in the aftermath of Katrina.
So based on that, and what many think is a well deserved bashing resulting from his own apparent confusing response, Mr. Bush now wants Congress to consider empowering the Pentagon with automatic control, in such situations. Thus improving organized and effective response, and resultantly saving lives and property.
As we all saw stabilizing such a crisis, might well require federal troops to intervene in order to more effectively arrest looters and perform other law-enforcement duties, either in co-ordination with, or in lieu of local police functions, which could violate the original intent of the Posse Comitatus Act of 1878.
The law originally passed in the nineteenth century, in the wake of the Civil War and its Reconstruction Period, was to prevent the use of federal troops, at that time, from arbitrarily policing in elections and other activities in former Confederate states.
The White House now wants Congress to again consider amending the Posse Comitatus Act, in order to grant the Pentagon greater powers, within the context of the 1988 Stafford Act.
The biggest error is the common assertion that the Posses Comitatus Act was enacted to prevent the military services from acting as a national police force.
To the contrary: The Posse Comitatus Act was actually enacted to prevent the Army from being abused by having its soldiers pressed into service as police officers (a posse) by local officials in the post-Reconstruction South.
During Reconstruction, 1865 to 1877 the then Army exercised police and judicial functions, oversaw the local governments, and dealt with domestic violence. In effect, the Army governed the 11 defeated Confederate States. It didn’t work well, with many American’s at the time growing to dislike it (at least after punishing the Civil War rebels fell from favor).
As a result the Posse Comitatus Act became law to protect the then Army.
The point today, being to expand it once again, in order to rightfully meet the now uniquely necessary and obvious demands and current expectations put on the Federal Government to unhesitantly and unimpededly respond more quickly and effectively in times of such devastating National Natural Emergencies.
The embarrassment of watching Louisiana Gov. Kathleen Babineaux Blanco and New Orleans Mayor, Ray Nagin's mutually confusing, debilitating and reprehensible responses to the Katrina Holocaust, was then followed by Governor Blanco's and Governor Haley Barbour's rejection of the President's offer to federalize their State's National Guard troops in the aftermath of Katrina.
So based on that, and what many think is a well deserved bashing resulting from his own apparent confusing response, Mr. Bush now wants Congress to consider empowering the Pentagon with automatic control, in such situations. Thus improving organized and effective response, and resultantly saving lives and property.
As we all saw stabilizing such a crisis, might well require federal troops to intervene in order to more effectively arrest looters and perform other law-enforcement duties, either in co-ordination with, or in lieu of local police functions, which could violate the original intent of the Posse Comitatus Act of 1878.
The law originally passed in the nineteenth century, in the wake of the Civil War and its Reconstruction Period, was to prevent the use of federal troops, at that time, from arbitrarily policing in elections and other activities in former Confederate states.
The White House now wants Congress to again consider amending the Posse Comitatus Act, in order to grant the Pentagon greater powers, within the context of the 1988 Stafford Act.
The biggest error is the common assertion that the Posses Comitatus Act was enacted to prevent the military services from acting as a national police force.
To the contrary: The Posse Comitatus Act was actually enacted to prevent the Army from being abused by having its soldiers pressed into service as police officers (a posse) by local officials in the post-Reconstruction South.
During Reconstruction, 1865 to 1877 the then Army exercised police and judicial functions, oversaw the local governments, and dealt with domestic violence. In effect, the Army governed the 11 defeated Confederate States. It didn’t work well, with many American’s at the time growing to dislike it (at least after punishing the Civil War rebels fell from favor).
As a result the Posse Comitatus Act became law to protect the then Army.
The point today, being to expand it once again, in order to rightfully meet the now uniquely necessary and obvious demands and current expectations put on the Federal Government to unhesitantly and unimpededly respond more quickly and effectively in times of such devastating National Natural Emergencies.
posted by don regan at 1:12 PM
5 Comments:
Dear Squirreljr ...
Thank You for your comments. I have read your blog, as you suggest, very thorough and well thought out ideas.
Curious, is it part of this Central News Mission Coast Blogsite, or independent?
As to your presentation within that page ... I believe, that as many things, this topic, and your lengthy passionate commentary, there, is in my view to large conceptually to be answered in todo, here.
But, if I could capsulate, I would say I too, applaud your and every Citizen's wary and weary Eye, and it is imperative to move most cautiously in such matters.
But, it seems to me, a careful reading of both the Current amended Posse Act, and the Stafford Act, suggests that there has indeed been a very cautious approach within both documents, to date. None of which, in my view, has yet led to an active or insidious erosion of our rights, to date. Granted there is always that potential, thus vigilance, and the need for your cautionary words.
Both Acts are very thorough in their comprehensive approach, providing a broad range of powers and options given therein to the President. In my view, this latest suggested change, is an appropriate request in the face of an unanticipated and (as we saw) destructive loophole, that indeed needs wise and cautionary attention.
It does not deserve in my opinion to become another tempest in a teapot. Resulting, yet again, as you suggest, into a digression of ever useless political paralytic positionings and wearisome name calling
Rather, in fact, amendments to date have seemingly resulted in more responsive and updated guidelines, within both.
So, in summary, for me. I do share your advice to be ever vigilant, and cautious, not impetuously reactive.
But I am a constructive optimist, and believe it is again a necessary consideration. I am confident, if and when again amended, it will reflect our needs to be better prepared and flexible, to meet the potentially catastrophic needs of such a National Emergency again. Importantly, mandating without eroding our rights, as a matter of plain language assertion.
Thank You Squirreljr
Don, you are being played for a sucker, or else you are playing your readers for suckers.
Bush is using the Katrina disaster as an excuse to CENTRALIZE POWER.
This is once again another example of Republican's supporting more government control. It is one more Fascist and Totalitarian move by the people manipulating Bush's strings; another Big Brother move that threatens personal freedoms.
What the Katrina victims needed was a little food and water. Anyone who thinks it was laws that prevented a few thousand gallons of water from being delivered to the Superdome in a timely manner is foolish. It was not necessary to change laws to get that done. All that was needed was a clear headed and competent Commander in Chief with a will to make it happen.
Instead, while people died because they didn't have water or medicine, George Bush was playing golf, strumming a guitar and making jokes while his controllers were busy figuring a way to use the disaster to further their dark and evil plans. And now Don Regan is helping them along.
David
42 USC 5170 Procedure for Declaration
All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As part of such request, and as a prerequisite to major disaster assistance under this chapter, the Governor shall take appropriate response action under State law and direct execution of the State’s emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this chapter. Based on the request of a Governor under this section, the President may declare under this chapter that a major disaster or emergency exists.
This comment has been removed by a blog administrator.
Dear Anonymous ...
I’m guessing you have also read the rest of this Section within this Chapter of the Stafford Act.
I'm not sure what you are suggesting here?
don
:)
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