Relation To Posse Comitatus
The entire text of the Posse Comitatus Act, as amended in 1956, is as follows:
- 18 U.S.C. ยง 1385 - Use of Army and Air Force as posse comitatus
-
- "Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both".
Accordingly, actions taken under the Insurrection Act have always been exempt from the Posse Comitatus Act.
Congress is restricted by and through their Constitutional Oath and in fact, in Article. 1 Section 8 "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;" is the check upon Congress and the President. http://constitution.org/mil/cs_milit.htm
Read more about this topic: Insurrection Act
Famous quotes containing the words relation to, relation and/or posse:
“Light is meaningful only in relation to darkness, and truth presupposes error. It is these mingled opposites which people our life, which make it pungent, intoxicating. We only exist in terms of this conflict, in the zone where black and white clash.”
—Louis Aragon (1897–1982)
“There is undoubtedly something religious about it: everyone believes that they are special, that they are chosen, that they have a special relation with fate. Here is the test: you turn over card after card to see in which way that is true. If you can defy the odds, you may be saved. And when you are cleaned out, the last penny gone, you are enlightened at last, free perhaps, exhilarated like an ascetic by the falling away of the material world.”
—Andrei Codrescu (b. 1947)
“Peering, I heard the hooves come down the hill.
The posse passed, twelve horse; the leader’s face
Was worn as limestone on an ancient sill.”
—Allen Tate (1899–1979)