As Roger MacNamee points out, the deployment of the 3rd Infantry inside the U.S. on active duty seems to violate one of the founding laws of the Republic–Posse Comititus Act.
“The PCA generally prohibits U.S. military personnel from interdicting vehicles, vessels and aircraft; conducting surveillance, searches, pursuit and seizures; or making arrests on behalf of civilian law enforcement authorities. Prohibiting direct military involvement in law enforcement is in keeping with long-standing U.S. law and policy limiting the military’s role in domestic affairs.
This law which is one of our oldest laws, stemming from the boot of English enforcement of their colonial powers before the revolution. But in the panic of post 9/11, Congress passed laws that overrode the PCA.
Recently, Congress passed a controversial bill which grants the President the right to commandeer Federal or even state National Guard Troops and use them inside the United States. This bill, entitled the John Warner Defense Appropriation Act for Fiscal Year 2007 (H.R. 5122.ENR), contains a provision, (Section 1076) which allows the President to:
“…employ the armed forces, including the National Guard in Federal service, to…
- restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States…, where the President determines that,…domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order;
- suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy..
Would some MSM journalist have the balls to ask the Pentagon if they are deploying the 3rd Infantry under H.R. 5122.ENR?