by Les Weaver
Clash Daily Contributor
The most predominant law of the land, the Constitution, never intended for Municipal Police or Sheriffs to serve at the whim of the President. (In fact, Sheriff’s are the highest law enforcement position elected directly by the people). This intent was cast in law by the Posse Comitatus Act of 1878. Following is as copied from Wikipedia.
The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385, original at 20 Stat. 152) signed on June 18, 1878 by President Rutherford B. Hayes. The purpose of the act – in concert with the Insurrection Act of 1807 – is to limit the powers of the federal government in using its military personnel to act as domestic law enforcement personnel. It was passed as an amendment to an army appropriation bill following the end of Reconstruction, and was subsequently updated in 1956 and 1981.
The Act only specifically applies to the Army and, as amended in 1956, the Air Force. While the Act does not explicitly mention the naval services, specifically the Navy and the Marine Corps, the Department of the Navy has prescribed regulations that are generally construed to give the Act force with respect to those services as well. The Act does not apply to the National Guard under state authority from acting in a law enforcement capacity within its home state or in an adjacent state if invited by that state’s governor. The United States Coast Guard, which operates under the Department of Homeland Security, is not covered by the Posse Comitatus Act either, primarily because although the Coast Guard is an armed service, it also has both a maritime law enforcement mission and a federal regulatory agency mission.
This Act has always been a problem for the Obama Administration. Recall that shortly after taking office in 2009, he spoke of his desire to create a federal police force that would surpass the military in capability. That whim was obviously intended to have a “Police” force, reporting to his personal whim while avoiding Posse Comitatus. If you question that, read further and do some research.
It is more than common knowledge that the Second Amendment, (the right to keep and bear arms) has been under attack from multi-directions since Obama took office. And those attacks continue.
Recall that this Administration then ordered up literally billions of rounds of small arms ammunition, some of it illegal for use in war under the Geneva Convention rules. That number of rounds would support a world war of more than ten years. Such an order would result in limiting products available to the public.
Under this administration, in addition to the FBI, training, military class weapons, ammunition and battle uniforms have been issued for the first time to: Department of Agriculture; Dept. of Homeland Security; Bureau of Land Mgmt.; EPA, and more.
To reduce the cost, effort and time for a Federal Police Force to exceed the power of our military, note the number of experienced military staff officers that have been retired and/or stripped of power. Even while serving on deployment, career line officers and enlisted are receiving “pink slips” reducing the total military manpower to pre-WWII levels. At the same time, this Administration encourages non-citizens to enlist into the U.S. Military as an accelerated path to citizenship. I fail to see the logic unless it is to create loyalty to a single individual.
Then Obama began to issue “surplus” heavy armor to local and county police forces. Is it possible that the president originally believed that most federal employees, supported by local and county police, would then make up his “Federal Police” force?
Then suddenly, there arose a multitude of problems, in Florida, Ferguson MO, New York, Philadelphia, Chicago, Detroit and imminent problems in Cleveland; and it’s spreading to other cities.
Is it possible that the President fears that issued military heavy weapons would be used against the very people he was promoting? It would seem so considering his disparagement of local police and subsequent Dept. of Justice investigating for prosecution, the police, not the criminals. And, as I write this, the White House seeks to end immigration enforcement by police while the DEA and ICE, (present Federal Police?), are operating under direct White House orders to ignore most laws regarding illegal entry into the USA.
Police problems differ from Prairie Town, USA and Mega-tropolis, USA. I shudder to think that a single person could control ICE, ATF, FBI, DOJ, DEA, CIA, DHS and expand to directly control Local Police. I title that combination as a titan clone of the infamous Gestapo of 70 years ago in Europe.
Perhaps the President should be reminded of the Bundy Ranch standoff and realize that this was a minute example that even opting to declare “martial law” will likely not result in approval of a National Police force that would both support his whim and be capable of overwhelming the masses.
I do not profess to promote a solution but I shout out Patrick Henry’s cry.
What say you?