RETHINKING THE POSSE COMITATUS ACT

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 A group called The Legal Clarity Team explains the Posse Comitatus Act this way. The Posse Comitatus Act, codified as18 U.S.C. 1385 is a federal law that limits the use of the U.S. military in civilian law enforcement. Enacted in 1878, it was designed to prevent military involvement in domestic affairs without explicit authorization from Congress or the Constitution. The statute states that anyone who “willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws” is in violation. While it does not explicitly mention the Navy or Marine Corps, Department of Defense regulations extend similar restrictions on these branches, ensuring the prohibition applies broadly. Several legal exceptions allow military involvement in domestic law enforcement. The most notable is the Insurrection Act, which grants the president authority to deploy federal troops to suppress insurrections, domestic violence, or unlawful obstructions of federal law when local authorities are unable or unwilling to maintain order. This was invoked during the 1992 Los Angeles riots when President George H.W. Bush deployed federal troops at California’s request for example but a president can use the Insurrection  Act without state approval if he feels state and city officials are refusing to enforce the law.

As an Air Force Security Policeman the Posse Comitatus Act was drummed into my head. We were not allowed to assist civilian law enforcement in enforcing local laws. For years I agreed with this until I learned that the Democrats passed this law in the late 1800's in reaction to the Republican party's attempt to enforce Federal civil rights laws in the South during Reconstruction. Black and white Republicans were being lynched and terrorized by the Ku Klux Klan which was an arm of the Democrat party. Federal troops had to be sent in to protect white and black citizens from harm and to help guarantee black people the right to vote. In this modern age where Democrats are not responsibly policing large cities I see no problem with troops being used to assist civilian law enforcement. Of course this is not a permanent solution. Voters must do the responsible thing and vote responsible people into office who care more about public service than party loyalty. Hopefully voters in places like Washington DC and Memphis will make better decisions choosing mayoral candidates in the future that will enforce laws and make their cities safe. At that point the National Guard will not be needed. The use of the National Guard is popular in these cities among average citizens because the deployment of the National Guard and extra Federal agents has been effective in lowering violent crime. They can feel safe allowing their children to play outside for a change.


I continue to hear Democrat politicians complain that the National Guard is not adequately trained for a law enforcement role in American cities. I disagree because many of the troops being deployed are either Army MP's or Air Force Security Policemen. In the Air Force and Air Guard I received quality law enforcement training and served alongside many Guardsmen who were local law enforcement officers in their regular jobs while in the Guard. The presence of the Guard is a deterrent. I learned this as a civilian security officer working in a mall. The sight of a uniform does deter crime. Guardsmen provide an extra set of ears and eyes which enables them to report crimes or suspicious activity in a timely manner. Everyone, whether National Guard or an average citizen is empowered to make a citizens arrest if they witness a crime being committed in their presence. Civilian PD backup is only one call away. If Democrat mayors, governors and prosecutors refuse to do their job in providing a secure environment for their citizens then I believe that the Posse Comitatus Act should be abolished. Also, president Trump should enact the Insurrection Act of 1807 and secure our cities.
The Tennessee Air National Guard Security Police training in 1987- SSgt Scott Brassfield searching the subject and SSgt John Myers holding the M-16


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