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jlf1961 -> RE: Arizona Sheriff: Border Patrol Has Retreated from Parts of Border Because It’s ‘Too Dangerous’ Sh (8/15/2010 7:43:11 PM)
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ORIGINAL: joether
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ORIGINAL: jlf1961
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ORIGINAL: joether
Maybe Arizona should raise taxes, to pay for more law enforcement? Oh yeah, I forgot, 'Arizona' is one of those states that doesn't like taxes. They just want the US Military to deploy there, and conviently ignore Posse Comitatus Act....
Posse Comitatus does not prevent the US military from patrolling the US Mexico border, the army patrolled the border for 46 YEARS after the act was signed.
Posse Comitatus prevents the US military from performing civil law enforcement duties, which is why the Army and Army Reserve cannot be activated for civil disturbances such as the LA Riots after the Rodney King Trial.
You posted in two places with the same arguement? I answered this on the Sharron Angle thread.
Posse Comitatus DOES NOT ALLOW the US Military to operate inside the USA without a Presidental order. It doesnt allow the US Military to conduct law enforcement operations INSIDE the USA. Not civil, state, or federal levels. Yes, Mr. Bush abused that authority with Hurricane Katrina. But then...when did Mr. Bush NOT abuse his powers as president? And how often did the Republican Congress, hold him accountable for every infraction?
Now WHY, would the US Military, patrol along the border of Mexico? As the US Border Patrol was not created until 1924. And even then, it only had 75 officers to patrol 1900 miles....when resources permitted it. I answered it in the other thread, but here's a peak: President Polk's war was the result of it.
Well considering that President Polk was president from 1845-49, and Posse Comitatus was passed in 1878, one of the RECONSTRUCTION ACTS (you may want to research these) which would prevent FUTURE use of Federal Troops in State or Local Law Enforcement, which was what they were doing in the southern states after the civil war, again check your history.
The US Calvary patrolled the US Mexico border until 1924 for a number of reasons, none of them dealing with the Mexican American War. The duties of the Army in this regard was to prevent illegal crossings of the border by bandits, Apache Indians, and of course chasing Pancho Villa when on his numerous border crossings.
The US Border patrol was founded in 1924, however there were earlier groups of Immigration officers prior to this date. Mounted watchmen of the United States Immigration Service patrolled the border in an effort to prevent illegal crossings as early as 1904 and in March 1915, Congress authorized a separate group of mounted guards, often referred to as "mounted inspectors". Most rode on horseback, but a few operated automobiles, motorcycles and boats. Please note that while these mounted Immigration officers were patrolling the border, so to was the US Army, which again had responsibility for patrolling the border.
So by your argument, the US Army was in violation of the Posse Comitatus act for 46 years. Even the former head of the Immigration Service proved that was wrong. The only thing stopping a US president from putting troops on the border is the simple act of ordering it.
You may want to check out What would it take to actually secure the border with Mexico?
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