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Old November 25, 2012, 05:25 PM   #15
MLeake
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Join Date: November 15, 2007
Location: Outside KC, MO
Posts: 10,128
BlueTrain, the National Guard, per se, is NOT the militia, though you do love to argue such in any number of threads, despite the legal definition of the militia having been cited in any number of those same threads.

The National Guard, when not in a mobilized (IE Federalized) status, does not fall under the restrictions of Posse Commitatus, because the Guard is considered a State level organization when it is not mobilized.

This is why we often see Guard units called up to deter looters after a natural disaster, but we do not see Regular or Reserve units (which are always considered Federal troops).

Note that Posse Commitatus does not apply to non-domestic law enforcement actions, which is why the US Navy can assist the US Coast Guard in drug enforcement actions in international waters.
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