The Posse Comitatus Act:
“Whoever, except in cases and under such circumstances expressly authorized by the Constitution or by an Act of Congress, willfully uses any part of the Army as a posse Comitatus or otherwise to execute laws shall be fined no more that $10,000 or be imprisoned not more than two years, or both” (18 U.S. Code § 1385, 1878).
The American people have always had a tradition that abhors the involvement of the military in the affairs of the civilians unless it is necessary. This tradition has been stressed in the nineteenth century Posse Comitatus Act (PCA) forbidding the Army and the Air Force from executing civil law unless authorized by the appropriate authorities. This PCA consist of 52 words, but is one of the most …show more content…
Striking the desired balance between when the rule is to be applied and when to have an exception has always been difficult. Failing to achieve this balance has also proven unfortunate. Elsea and Doyle (2012) explain that if the rule of law appears to be unforgiving, then the Shay's Rebellion can be unchecked. The authors continue by explaining that if exceptions are also granted generously, then a Kent State or a Boston Massacre can …show more content…
The Commerce clause permits Congress to “regulate and protect the instrumentalities, persons, or things in interstate commerce” (Abbot & Hetzel, 2010). Therefore when there is a severe enough economic impact during catastrophic emergencies Congress can deploy federal troops to the area in order to restore interstate commerce (Abbot & Hetzel, 2010).
The Necessary and Proper clause provides Congress the power “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof” (U.S. Cont. art. I § 8 paragraph 18). This article is very important in Congress being able to exercise its Commerce, Insurrection, and Guarantee clauses (Abbot & Hetzel, 2010).
Article I, Section 8 of the U.S. Constitution states that “Congress shall have the Power to lay and collect taxes, Duties, Imposts Exercises, to pay the Debts and provide for the common defense and general Welfare of the United States. This is often interpreted as the Spending clause. This clause does not provide direct authority for the deployment of federal troops for law enforcement purposes, however, it does give Congress authority to assert federal control during catastrophic events by requiring states to meet certain requirements in order to obtain
“Whoever, except in cases and under such circumstances expressly authorized by the Constitution or by an Act of Congress, willfully uses any part of the Army as a posse Comitatus or otherwise to execute laws shall be fined no more that $10,000 or be imprisoned not more than two years, or both” (18 U.S. Code § 1385, 1878).
The American people have always had a tradition that abhors the involvement of the military in the affairs of the civilians unless it is necessary. This tradition has been stressed in the nineteenth century Posse Comitatus Act (PCA) forbidding the Army and the Air Force from executing civil law unless authorized by the appropriate authorities. This PCA consist of 52 words, but is one of the most …show more content…
Striking the desired balance between when the rule is to be applied and when to have an exception has always been difficult. Failing to achieve this balance has also proven unfortunate. Elsea and Doyle (2012) explain that if the rule of law appears to be unforgiving, then the Shay's Rebellion can be unchecked. The authors continue by explaining that if exceptions are also granted generously, then a Kent State or a Boston Massacre can …show more content…
The Commerce clause permits Congress to “regulate and protect the instrumentalities, persons, or things in interstate commerce” (Abbot & Hetzel, 2010). Therefore when there is a severe enough economic impact during catastrophic emergencies Congress can deploy federal troops to the area in order to restore interstate commerce (Abbot & Hetzel, 2010).
The Necessary and Proper clause provides Congress the power “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof” (U.S. Cont. art. I § 8 paragraph 18). This article is very important in Congress being able to exercise its Commerce, Insurrection, and Guarantee clauses (Abbot & Hetzel, 2010).
Article I, Section 8 of the U.S. Constitution states that “Congress shall have the Power to lay and collect taxes, Duties, Imposts Exercises, to pay the Debts and provide for the common defense and general Welfare of the United States. This is often interpreted as the Spending clause. This clause does not provide direct authority for the deployment of federal troops for law enforcement purposes, however, it does give Congress authority to assert federal control during catastrophic events by requiring states to meet certain requirements in order to obtain