malaise
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Mon Sep-05-05 08:10 AM
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What does the constitution say about |
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US soldiers and the army in the US. Is Bush the first post Civil War President to (1) send in the army to a state and (2) then challenge the state governor with a view to federalizing the operation? Has this entire situation been created as a result of Bush sending so many national guard from all over the US to Iraq and Afghanistan?
If he insists on federalizing the operation despite clear opposition from the Governor (who has gone to Texas before he arrives -hahahhaha), is that an impeachable offence? What ever happened to states' rights? Has the Federal government seized power?
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jody
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Mon Sep-05-05 08:16 AM
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1. Did Eisenhower, Kennedy, Nixon send troops? n/t |
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Edited on Mon Sep-05-05 08:19 AM by jody
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Penndems
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Mon Sep-05-05 08:18 AM
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2. Eisenhower sent troops to Little Rock |
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I believe JFK sent troops to the University of Alabama.
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jody
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Mon Sep-05-05 08:20 AM
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4. I caught my mistake and edited while you replied. n/t |
Seeking Serenity
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Mon Sep-05-05 08:19 AM
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1957. Sent the 101st Airborne.
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jody
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Mon Sep-05-05 08:20 AM
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5. I caught my mistake and edited while you replied. n/t |
Poppyseedman
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Mon Sep-05-05 08:28 AM
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6. The Posse Comitatus Act of 1878 |
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June 18, 1878
CHAP. 263 - An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and for other purposes.
SEC. 15. From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section And any person willfully violating the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by fine not exceeding ten thousand dollars or imprisonment not exceeding two years or by both such fine and imprisonment.
10 U.S.C. (United States Code) 375
Sec. 375. Restriction on direct participation by military personnel:
The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.
18 U.S.C. 1385
Sec. 1385. Use of Army and Air Force as posse comitatus
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.
Editor's Note: The only exemption has to do with nuclear materials (18 U.S.C. 831 (e)
In other words to use federal troops in the states, you need cede legal authorization, which is what the Governor Blanco refused to give at least at first for reasons I can't fathom based on what she knew.
The fallout of that decision will be varied depending on party lines
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malaise
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Mon Sep-05-05 08:32 AM
Response to Reply #6 |
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She just cancelled her trip to Texas. Apparently she was not told about his visit. I think she should continue to refuse to federalize this operation.
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DU
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Fri Apr 26th 2024, 12:55 AM
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