We
at Shadow Wars are in constant search of the truth. We monitor Bible Prophecy,
The Government, News, Overseas sources, Internet, Weather Conditions. You
name it, we Watch it. We travel as much as possible to monitor local news
and local frequencies, to bring the people of the world all the information
at our disposal.
The Danger of Standing Armies
by C.T. Rossi
by C.T. Rossi
Found Here
http://www.lewrockwell.com/orig5/rossi8.html
How happy that our army had been recently disbanded
[before the Presidential crisis of 1801]! What might have happened otherwise
seems rather a subject of reflection than explanation.
~ Thomas Jefferson writing to Nathaniel Miles,
March 1801
Posse Comitatus: the power or force of the
county. The entire population of a county above the age of fifteen, which
a sheriff may summon to his assistance in certain cases as to aid him in
keeping the peace, in pursuing and arresting felons, etc.
~ Black’s Law Dictionary
Whoever, except in cases and under circumstances
expressly authorized by the Constitution or Act of Congress, willfully
uses any part of the Army or 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.
~ The Posse Comitatus Act, 18 U.S. Code, Section
1385
The average American is likely to think that
"posse comitatus" is the entourage of a top rapper or NBA star. Little
do they know (or likely care to know) that The Posse Comitatus Act of 1878
has done more to preserve their liberty than any piece of legislation since
the Bill of Rights.
Born of the abuses of the Reconstruction era
and the stolen election of 1876, the PCA prohibits the use of federal troops
(or national guardsmen under federal control) unless specifically authorized
by an act of Congress. In short, it is the main obstacle in the path of
creating an American police state. Therefore it is not surprising that
there has been an increase in "chatter" about scrapping the law.
A trial balloon was floated over three years
ago when both Senator Joseph Biden, who called the PCA into question as
early as the Oklahoma City bombing of 1995, and then Homeland Security
Czar Tom Ridge bandied about the idea of repealing the PCA on the Sunday
morning news programs. Apparently, the pretext of keeping Americans safe
from terrorists wasn’t deemed sturdy enough to accomplish the coup d’état.
But where the stick of "national security" was found wanting, now the carrot
of "disaster relief" may provide the cover needed to expose Americans to
the full power of centralized federal tyranny.
In the wake of Hurricane Katrina, Senator John
Warner has asked Defense Secretary Donald Rumsfeld to review the usefulness
of the PCA given that it hinders "humanitarian assistance" which could
be provided by the feds. (Look next for foxes to be asked their opinions
on the benefits of chicken coop doors.) Not coincidentally, President Bush
has called for "a robust discussion about the best way for the federal
government, in certain extreme circumstances, to be able to rally assets
for the good of the people."
What this "robust discussion" will most certainly
entail is a media show trial. Congressional leaders will set up the false
dialectic between those who want to abolish the PCA and those who think
that such an abolition would be "rash and uncalled for" when the PCA merely
needs to be amended. Needless to say, this "tweaking" will allow enough
ambiguity in the reading for the federal judiciary to eviscerate the PCA
and free the leviathan.
While there is no appreciable amount of case
law on the PCA yet formed, the methods and tactics that a statist court
will employ are already clear. Technically, the PCA applies only to the
Army and Air Force, not the Navy and Marine Corps. The latter two armed
services are restricted only by Defense Department regulations. (Likewise,
the Coast Guard – formerly of the Department of transportation, now with
Homeland Security – is exempt.) So, under the guise of strict textualism,
a court could easily find the policing of Americans by scores of Marines
constitutional. Add to this a 1981 amendment to the PCA which freed up
the use of the military in the war on drugs and the loopholes which can
be created are multifarious.
The direction of the existing case law on the
PCA does not bode well for its future either. Originally, the standard
used for violation of the Act was an active versus passive test wherein
the military could not actively police U.S. citizens but it could provide
equipment and supplies to law enforcement. (See United States v. Red Feather,
392 F. Supp. 916, D.S.D. 1975). However, a new test emerged which looks
to whether "military personnel subjected . . . citizens to the exercise
of military power which was regulatory, proscriptive, or compulsory in
nature." (See United States v. McArthur, 541 F.2d 1275, 1278, 8th Cir.
1976). Mind you, defining who is a "citizen" and what is "regulatory, proscriptive,
or compulsory in nature" will most likely fall under the direction of a
man who has no problem with ceding immense, unprecedented, and dangerous
powers to the president.
Given that any public discourse about the siccing
of military forces on American civilians involves the use of two Latin
words, the smart money should not be on the side of liberty. A majority
of Americans have grown apathetic and stupid as a result of big government
handouts and (mis)education. While some may have been leery to repeal the
funny sounding law in the name of terror prevent are , there will likely
little resistance to "amending" the law so that the government can "help
people." Little do they think of past "helps" from "40 acres and a mule"
up through the entire bungled Katrina relief effort.
But just as Jefferson was prescient that the
use of troops by a sitting president could effectively rig an election
(as happened in 1876), so he also noted that "If a nation expects to be
ignorant and free, in a state of civilization, it expects what never was
and never will be."
September 28, 2005
C.T. Rossi [send him mail] is a recent law
school graduate who lives in Washington, D.C.
Copyright © 2005 LewRockwell.com