Does Posse Comitatus Act still apply in US?

I don't know how many American public school students know about the Posse Comitatus Act, but ever since I heard about it I thought it was a good idea. It generally bars federal military personnel from carrying out law enforcement duties in non-federal areas of the US. The Act limits the power of the federal government to intervene with force in affairs usually covered by states, like maintenance of law and order and elections, unless otherwise stated by the Congress or the Constitution. In short it means the Army cannot be deployed in Chicago, Los Angeles, Springfield, New York City or any other place that is not federal property.

The last time I was in New York City, I was somewhat unsettled by the presence of US Military personnel in certain areas of the subway. Now, following the shooting spree that happened recently, the US Army apparently feels it is necessary to deploy on the streets of Samson, Alabama. I have not read into the details yet, but some photos from Reuters speak loud enough to get me concerned.

This photo says it all, I think.

The Posse Comitatus Act in its entirety reads like this:

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.
--Title 18, U.S. Code, Section 1385

Now I know that, especially these days, there have been several precedents set in court rulings about the act, and a steady erosion of the limitations of the act, blah blah blah. However, 4 G.I.s blocking a road off with assault rifles presumably locked and loaded in an American town seems to me to be a blatant reversal of the Act based on the way it is worded, the intentions of its authors, and basic principles of American government. Somehow, I'm not surprised considering how little attention is paid to matters relating to the Constitution and the rule of law in the USA today.

Come on, Obama! As Commander-In-Chief, and a former constitutional lawyer I would expect much more from you. Isn't this a Bush type thing to do? Well, maybe not... It's more like a Homeland Security thing to do. Here's a quick quotation from a Homeland Security think tank journal.

"The Posse Comitatus Act was passed in an era when the threat to national security came primarily from the standing armies and navies of foreign powers. Today the equation for national defense and security has changed significantly."

That is from a paper titled, 'The Myth of Posse Comitatus.' I found another article as well, with similar attitudes, titled The Posse Comitatus Act and Homeland Security. Both of these were produced by a think tank funded by the federal government through the Department of Homeland Security called the Homeland Security Institute. Great! Taxpayer money at work encouraging an erosion of the limitations of the federal government. This whole federal department ought to be considered rogue and then abolished. If Obama had any balls, that's what he would do.

As it stands right now, President Obama is at the top of the chain of command, so I guess he should be fined and/or serving no more than 2 years in prison.

But let's forget about the law, or the argument that the government more than anybody should follow the law. What was the Army hoping to achieve on a pragmatic level? The gunman had already shot himself. Law enforcement was already on the scene. There were no riots in the street. If the gunman was affiliated to, trained or ordered by a foreign military to go on a shooting rampage, well... Like I said, he was already dead by his own gun. No benefit whatsoever could be had by having the Army patrol the streets. In fact, the only threat to law and order in Samson during the past few days since the shooting stopped was the US Army. Way to go, boys.

Go back to Ft. Rucker where you belong, G.I.s!

Thanks to the Daily Paul for the heads up and the photo!

No thanks to the New York Times or Reuters for mentioning Posse Comitatus or the implications of domestic deployment of the US Army in any of their coverage so far. (please correct me on this if I am wrong)

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