Does the term Posse Comitatus sound familiar?Well that was my first thought. However,my research doesn't give me the warm fuzzies.It appears Obama is not the first to try to overturn this act. In Oct 2005, Ms Mckinney (Cynthia?) submitted a concurrent resolution to the Judiciary committee of the of the 109th Congress.If my recollection is correct, this was to assist in the aftermath of Hurricane Katrina.In this case the committee failed to approve overturning this act.Will we be this lucky with an Obama stacked senate?
109th CONGRESS
1st Session
H. CON. RES. 274
Reaffirming the continued importance and applicability of the Posse Comitatus Act.
IN THE HOUSE OF REPRESENTATIVES
October 25, 2005
Ms. MCKINNEY submitted the following concurrent resolution; which was referred to the Committee on the Judiciary
CONCURRENT RESOLUTION
Reaffirming the continued importance and applicability of the Posse Comitatus Act.
Whereas section 1385 of title 18 (commonly known as the `Posse Comitatus Act') prohibits the use of the Armed Forces as a posse comitatus to execute the laws except in cases and under circumstances expressly authorized by the Constitution or Act of Congress;
Whereas enacted in 1878, the Posse Comitatus Act was expressly intended to prevent United States Marshals, on their own initiative, from calling on the Army for assistance in enforcing Federal law;
Whereas the Posse Comitatus Act has served the Nation well in limiting the use of the Armed Forces to enforce the law;
Whereas nevertheless, by its express terms, the Posse Comitatus Act is not a complete barrier to the use of the Armed Forces for a range of domestic purposes, including law enforcement functions, when the use of the Armed Forces is authorized by Act of Congress or the President determines that the use of the Armed Forces is required to fulfill the President's obligations under the Constitution to respond promptly in time of war, insurrection, or other serious emergency; and
Whereas existing laws, including chapter 15 of title 10 (commonly known as the `Insurrection Act'), and the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), grant the President broad powers that may be invoked in the event of domestic emergencies, including an attack against the Nation using weapons of mass destruction, and these laws specifically authorize the President to use the Armed Forces to help restore public order: Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That Congress reaffirms the continued importance of section 1385 of title 18, and it is the sense of Congress that nothing in this chapter should be construed to alter the applicability of such section to any use of the Armed Forces as a posse comitatus to execute the laws.