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Old December 2, 2008, 11:51 AM   #9
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,660
I think it would be wise, when talking of Posse Comitatus, to look at what the Constitution says. After all, no mere statute can be more powerful than the document which is the supreme law.

In Article I, section 8, clause 15, we find: "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;"

The part I highlighted gives the Congress the authority to use the militia as a Federal police force. Since we all accept at face value, that the standing Army is part and parcel of the greater Militia, then it should pose no problem to anyone if the Congress decides to use the Army in such a manner.

This doesn't mean that the Army can supplant the local police, as theoretically, that authority does not exist (there is no general grant of police power to the Federal Government anywhere in the Constitution), except under such conditions that might require a declaration of martial law, either by the State or the Federal Government.

Such conditions might very well exist after a highly co-ordinated terrorist attack using CBRNE (chemical, biological, radiological, nuclear, or high-yield explosive attack), as the article indicated.

Given what the terrorists wish for the U.S., it would be prudent to advance a response to such an incident. After Katrina and the lack-luster response of FEMA, it would be stupid not to plan and implement such a response.
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