ipl-logo

History And Explanation Of The Posse Comitatus Act (PCA)

1031 Words5 Pages

A Disastrous Law
In 1878, the Posse Comitatus Act (PCA) was born out of necessity to keep our Nation’s Federal Armed Forces from becoming politicized, used as a regional militia, or for Law Enforcement purposes. This essay provides history and analysis of the Posse Comitatus Act (PCA) and it’s relation to the use of the military for law enforcement in the aftermath of Hurricane Katrina. Total disorganization of command and control during Hurricane Katrina emergency response proved that the Posse Comitatus Act (PCA) should be repealed, or at least revised.
History and Explanation of the Posse Comitatus Act
What is the Posse Comitatus Act and how did it come about? “The Judicial Act of 1798 allowed any U.S. federal marshal to create a Posse …show more content…

There became an obvious need for immediate assistance from the National Guard and the Active Duty Army to stop looters, crime, and other chaos that ensued shortly after the flood. Gaining assistance from state controlled National Guard units was not overly difficult. Unfortunately, use of Federal soldiers comes with the stipulation that “the Governor of the affected state must request use of the resources of the DoD”. (Stafford Disaster Relief and Emergency Assistance) The Governor of Louisiana, Kathleen Blanco and her staff were already failing to control and lead emergency efforts. Unfortunately, she still did not want to relinquish control over the situation because she feared it would weaken her political platform as a female Democrat. Additionally, requesting the help of Federal Active Duty soldiers would place Republican President Bush, as Commander in Chief of the military, in ultimate, if only temporary, control of the fate of New Orleans. Many lives were undoubtedly lost because of the infighting and bickering between State and Federal Government and the failure to centralize command and effectively direct various emergency assets. The aforementioned spark of fear and misunderstanding turned into a flame as the misconception spread to the public that New Orleans was under Martial Law. Some believe that this misconception may have even been the catalyst that emboldened armed citizens to fire upon U.S. Army Helicopters and personnel. In this case, the PCA only added difficulty to an already terrible situation. Still, we must not forget it’s base roots are noble and in line with the freedoms inherent to

Show More
Related

  • Posse Comitatus Act Analysis

    177 Words  | 1 Pages

    The armed forces have rendered critical support to state and local (SL) government dating back to the establishment of the nation. Post-9/11, the federal government has taken measures to foster a unity of effort while also encouraging interoperability among all levels of government and the private sector. As a state resource, the Army and Air National Guard (AANG) are under the command and control (C2) of their respective Governors and Adjutant General. Since its inception, the AANGs primary function has been to provide direct, and timely support in response to natural and man-made disasters. Historically, pieces of legislation such as the Posse Comitatus Act (1878) have affected the Department of Defense (DoD) limitations and scope during

    Read More

  • Brownsville Raid Summary

    170 Words  | 1 Pages

    The Brownsville Raid of 1906 is a historic but tragic moment in our nation’s history. It was the center of national controversy at the time. Occurring in Brownsville Texas, this event saw the racial injustice of African American soldiers, and the “dishonorable” discharge of 167 men of the 25th Infantry Regiment. This caused outrage but was long forgotten by history until 1970, when historian John D. Weaver published a book titled “The Brownsville Raid”. His investigations concluded that the accused members of the 25th Infantry Regiment were innocent.

    Read More

  • Thomas Jefferson Deserve The Midnight Appointment

    576 Words  | 3 Pages

    “Before Jefferson took office on March 4, 1801, Adams and Congress passed the Judiciary Act 1801, which created new courts, added judges, and gave the president more control over appointment of judges. The Act was essentially an attempt by Adams and his party to frustrate his successor, as he used the act to appoint 16 new circuit judges and 42 new justices of the peace.”

    Read More

  • Pros And Cons Of The Federal Response Plan

    227 Words  | 1 Pages

    Finally on this note, the Federal Response Plan (FRP) has been revised into the National Response Plan (NRP). Many of the positive features of the FRP have been retained in the NRP but the focus has been shifted dramatically to responding to a terrorist attack and in doing so, the role of the Federal government has been altered dramatically. The NRP places the lead role in responding to major disasters, terrorist attack or natural disaster, in the hands of Federal officials. In fact, the Federal government now has the authority to respond to an event in a State without a request by the Governor. This alters the traditional role of the Federal government, through the FRP, supporting the actions of State and local government.

    Read More

  • The US Marshal Service (USMS)

    997 Words  | 4 Pages

    The US Marshal Service began in 1789, when Congress passed the Judiciary Act of 1789 (USMS). It created the same legislation for the Federal Judicial System. The US Marshal Deputies were given the authority to assist with the federal courts all within the districts and to carry out the orders issued by the Judges, Congress, or the President. Congress had a time limit on the broad range of authority for the US Marshal Deputies (USMS). It was the only office created with an automatic expiration, which limited them to a 4 year, renewable term, serving the United States President (USMS).

    Read More

  • Summary Of Migra ! A History Of The US Border Patrol

    1267 Words  | 6 Pages

    In the book “Migra! A History of the U.S Border Patrol, author Kelly Lytle Hernandez describes the history of the U.S border patrol from the 1920s to the end of the twentieth century. Specifically, Hernandez writes about how the border patrol has changed its target or “suspect” from Chinese and European immigrants to Mexican people. In her book and through research of unexamined old material in the U.S and Mexico, Hernandez examines how Mexicans emerged as the United States “iconic illegal aliens” (Hernandez Pg. 2). In this paper I will examine Hernandez discussion of long term effects of border patrol discourses and practices in creating a prototypical suspect as well as compare her argument with that of Samual P. Huntington in his

    Read More

  • Virginia Resolution Dbq

    1026 Words  | 5 Pages

    In 1798 the “Alien and Sedations Act” would give the president the power to prevent potential threats from immigrating as well as allow detainment of populations. This was seen as a potential abuse of power and circumvention of the checks and balance systems by two states and particular: Kentucky and Virginia. While the Kentucky Resolution seems inconsistent with the framers intent, the Virginia Resolution raises seriously concerns which are consistent with my reading of the “Federalist Papers.” The Kentucky Resolution is an ambitious response, at best, to the “Alien and Sedation Acts.”

    Read More

  • US Marshal: The First United States Marshal

    369 Words  | 2 Pages

    From the nation's earliest days, marshals were permitted to recruit special deputies as local hires, or as temporary transfers to the Marshals Service from other federal law-enforcement agencies. Marshals were also authorized to swear in a posse to assist with manhunts, and other duties, ad hoc. Marshals were given extensive authority to support the federal courts within their judicial districts, and to carry out all lawful orders issued by federal judges, Congress, or the President. Federal marshals were by far the most important government officials in territorial jurisdictions. Local law

    Read More

  • The Anti-Patriot Act

    339 Words  | 2 Pages

    A week after the Septeber 11 attacks, the Bush administration proposed to the United States Congress the Anti-Terrorism Act of 2001, introducing radical changes to combat money laundering that finance terrorist groups, give authority to agencies like FBI to gather domestic intelligence on potential terrorists and construct stricter judicial procedures for deporting suspected terrorists. The most important act passed by the US government was The PATRIOT Act, passed in October 2001, which gained strong support in both chambers. The PATRIOT Act mandated that the Federal Bureau of Investigation (FBI) provide criminal records to
 Immigration and Naturalization Service (INS) and State Department officials during visa screening. Beginning of 2002,

    Read More

  • Military Shooting Research Paper

    312 Words  | 2 Pages

    Authorities say four marines were killed in an attack on a military recruiting center, and 3 were injured. The shooting took place a few minutes apart. He sprayed numerous amounts of rounds. The officials were not allowed to release too much information. They had no idea what caused the shooting.

    Read More

  • Victim Advocate Research Paper

    1491 Words  | 6 Pages

    The Victim Advocate Program Victoria Paulina Lugo Charleston Southern University Abstract This paper will be an overview of the Victim Advocate Programs in the United States of America. The main objectives will aim to discuss the overall, general job of the Victim Advocate Program, its purpose and its importance, and the role it plays in both the military and at the local level. It will aim to thoroughly explain the goals, importance, and intentions of those who work within the program, as well as the requirements to become certified as someone who works for any Victim Advocate program at a federal, state, or local level.

    Read More

  • Communication Mistakes During Hurricane Katrina

    178 Words  | 1 Pages

    There were communication mistakes and other mistakes made during Hurricane Katrina. First of all, detailed and direct information was sent to people for evacuation too close to the time when Katrina was about to hit, not allowing people to prepare for the disaster. If things could be done differently, there should be communication and coordination centers housed in areas where information can be sent directly to the authorities. The lack of ability to communicate with each other and coordinate a response was another mistake. Federal officials struggle to perform responsibilities that are usually conducted by State or local authorities, such as to rescue citizens stranded by the floodwater and evacuate the remaining population of New Orleans

    Read More

  • The Consequences Of Hurricane Katrina

    929 Words  | 4 Pages

    Hurricane Katrina “ What changed in the United States with Hurricane Katrina was a feeling that we have entered a period of consequences ” ( “Al Gore” AZ Quotes ). This quote was said by former Vice President, Al Gore, and he believed that Global Warming was to blame for Hurricane Katrina. Hurricane comes from spanish word “ huracán ” which was borrowed from Taino Indians word “ hurakán ” which means center of the wind ( Hurricane Katrina Devastates ) . Katrina formed August 23, 2005, when it had hit New Orleans, in early morning of the 29th. Katrina was designed as a Category 3 hurricane but , peaked at a Category 5.

    Read More

  • 2010 Earthquake In Chile

    2327 Words  | 10 Pages

    Committees were created, one to respond to the emergency and another team to deal with the reconstruction plan. Armed forces were sent to restore the public order, building emergency housing and clearing debris, carrying out humanitarian aid. Civil society was responsible for collecting and distributing the basic needs such as water, non-perishable, hygiene kits and medicines. Apart from foreign humanitarian aid, numerous interior institutions helped, these were: Regional governments, the Navy, the national emergency office, the army, civil society and customs. By April there were 4,100 military troops deployed, by May the number of troops increased to 5,400, the number of troops by June was around

    Read More

  • Essay On Military Partnership

    747 Words  | 3 Pages

    In certain instances, the military is used in providing security after a catastrophic event and it is used to enter an area of disaster devastation with the use of naval resources so that food supplies and medicines are given to those who need it (Sylves, 2009). Worthy also to note is the fact that in major disasters, the military is used as a search and rescue team (Sylves, 2009). Furthermore, it is also during this time that the military acts as the protector of people’s property and their safety. During a national emergency, the military is tasked to ensure that civil order is maintained. There are many questions with regards the role of the military during a national emergency.

    Read More

More about History And Explanation Of The Posse Comitatus Act (PCA)

Open Document