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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?


To: carranza2 who wrote (222307)10/3/2007 5:27:17 PM
From: D. Long  Read Replies (1) | Respond to of 794344
 
Ah, you should have taken the Constitution out of it because there is nothing relevant in it dealing with insurrections and the use of force aganst your bretheren

See the Prize Cases, 67 U.S. 635 (1862) for a discussion of the authority of the President to act under the war powers to repel invasion or insurrection, foreign or domestic, in the absence of Congressional declaration of war.

Also, you should have said that any acts under the PCA and/or the IA would be OK provided Congress acts

Congress has already acted. It enacted the Insurrection Act. So Posse Comitatus doesn't apply wherever the Insurrection Act comes into play.

PC reads:

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.