Saturday, September 17, 2005

Some background on the Posse Comitatus Act

Washington University Law Quarterly: THE POSSE COMITATUS ACT: A PRINCIPLE IN NEED OF RENEWAL :

"The need for reaffirmation of the PCA's principle is increasing because in recent years, Congress and the public have seen the military as a panacea for domestic problems."

So wrote Matthew Carlton Hammond in an excellent 1997 article on the Posse Comitatus Act - 75 Wash. U. L.Q. 953.

I include the link to this article as background for the discussion of the constitutional issues raised by the response to Hurricane Katrina.

As an aside, gun rights fans should check out note 28 to this article for a quote from the Articles of Confederation which parallels the wording of the Second Amenment to the Constitution.

posted by J. Keen Holland @ 5:43 AM   1 comments

1 Comments:

At Sat Sep 17, 07:04:00 AM EDT, Blogger Raymond's Edge said...

This is a reply to a comment you left on my post…

Thank You for your comment. I like to hear from people who actually work in the field I was talking about. My comment on "irrelevant because we will probably change it…" was meant to be sarcastic. I do not feel that change for the sake of change is a good thing. My complains have always been with the Governor and Mayor in New Orleans. I think the system in place is good. Look at Florida last year, 4 hurricanes and not a complaint about FEMA. (that I know of.)

Mainly, I was predicting that people will probably demand a change, not that I necessarily agree with a change. New Orleans was a different kind of disaster, Hurricane, crime-(people shooting at rescuers), and a flood. This is what slowed things up…Plus local politics…AR…

 

Post a Comment

<< Home