is the United States federal law (18 U.S.C. § 1385, original
at 20 Stat. 152) that
was passed on June 18, 1878, after the end of Reconstruction and was
updated in 1981. Its intent (in concert with the Insurrection
Act of 1807) was to limit the powers of Federal government in using federal
military personnel to enforce the State laws.
The Bill/Act as modified in 1981 refers to the Armed Forces
of the United States. It does not apply to the National Guard under state
authority from acting in a law enforcement capacity within its home state or in
an adjacent state if invited by that state's governor. The U.S. Coast Guard,
which operates under the Department of Homeland Security, is
also not covered by the Posse Comitatus Act, primarily because the Coast Guard
has both a maritime law enforcement mission and a federal regulatory agency
mission.
The Pentagon is proposing the creation of a four-star
command to oversee federal troops engaged in “homeland defense” activity on
American soil. While CINC regional chiefs have long coordinated deployments
overseas, none exist for North America. Soon, however, the circle will be
complete, and the noose will be around our necks.
Supporters defend this proposal as a way to “streamline” the
command system. We should have learned by now that making government more
efficient and effective only makes it easier for that institution to transgress
against the rights of the people.
Traditionally, Americans have been wary of using the
military for domestic law enforcement. The 1878 Posse Comitatus Act (18 U.S.C.
1385) enshrines this principle into law. Article One, Section Eight, Clause
Twelve of the Constitution attempts to curb the ability of the executive to
wield domestic standing armies, by stipulating that appropriations for the
military cannot be extended at any one time beyond a two-year period.
Few
Americans stop to think about the Third Amendment, ostensibly still in force,
which prohibits the government from quartering soldiers in the peoples’ homes.
Taken together, these laws indicate that the aversion to standing armies is a
well-established and justified part of the American way of life.
The military is not in our homes yet, but they are roaming
about the country, and they are in our neighborhoods. Delta Force and Night
Stalker types have terrorized a number of American communities over the years,
conducting SWAT-like “training” with live ammunition near residential areas,
including in Kingsville, Texas during the 1999 domestic program, “Operation
Last Dance.” Extensive sales of military equipment, including armored personnel
carriers and concussion grenades, to local and state police departments have
also taken place.
On another front, a bill re-instituting the draft made its
way into Congress just before the New Year, HR 3598 IH, the “Universal Military
Training and Service Act of 2001.”
The militarization of American society is
apparently of greater importance to our leaders than recognizing that the
government was not granted the authority to conscript citizens into service,
especially in light of the Thirteenth Amendment’s prohibition of involuntary
servitude.
From a market perspective, even the military should realize that a
draft would be contrary to its own interests. A draft would cause military pay
rates to stagnate and even plummet, since Congress would no longer feel
pressure to enact pay raises when they can just press more people into service.
This logic is lost on our leaders, however, as they lay the groundwork for the
Garrison State.
Since 9/11, our leaders have turned the fear of the American
people into a blank check to create a global prison camp. Should the reader
suspect this an exaggeration, consider that we may never see a blatant headline
one morning in the newspaper stating, “President Declares Police State, End to
Constitution.” Rather, the only headlines heralding the coming of the American
Garrison State will be buried deep in the hindmost pages, telling us, “Pentagon
Seeks Creation of Four Star Command for North America.” This is incrementalism,
where our leaders silently slip each puzzle piece into place, one at a time.
Incrementalism provides the government with plausible
deniability about its end game, making it easier for its defenders to
characterize libertarian warnings as “paranoia.” Not that this necessarily
implies a conscious conspiracy at work—it is a well-known feature of any
government to expand infinitely, however well intentioned this growth might be,
unless checked by the vigilance of the people. Post 9/11, the vigilance of the
people seems more scarce than usual, as they rush to cling to a State-provided
security blanket.
If you say of the coming Garrison State, “it’ll never
happen,” ask yourself if you can be certain of that, since history shows that
many unlikely and strange things do happen. Ask yourself what President Hillary
Rodham Clinton might do with her newfound powers in 2008.
Recall Lord Acton’s
famed quote:
power corrupts, and absolute power corrupts absolutely. Are you
willing to take such risks with the precious jewel that is this Republic?
February 1, 2002
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