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Accession Number
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ADA562349
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Title
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Posse Comitatus: An Impediment to Our National Security.
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Publication Date
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Apr 2012
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Media Count
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78p
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Personal Author
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J. T. Schad
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Abstract
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The Posse Comitatus Act (PCA) is often the so-called linchpin that bars the use of our military forces to support and enforce civil law within the borders of the United States. This act has, in effect, denied the citizens of the United States the protection they should be afforded by the Federal Government by restricting the use of Department of Defense assets as force multipliers to our federal law enforcement and intelligence agencies. The United States will be required to once again do more with less as federal spending is decreased not only on homeland defense, but on homeland security as well. The Federal Government will need to effectively utilize the combined resources of its numerous departments to accomplish this endeavor. Currently, the misinterpretation of the Posse Comitatus Act and the addition of subsequent restrictions have degraded our ability to properly protect the homeland. The Posse Comitatus Act is an ambiguous and highly misinterpreted law that needs to be rescinded and replaced with a new law that clearly identifies the terms under which the use of military forces in protecting the homeland is appropriate. This paper illustrates the role our nation's military has played in domestic affairs both prior to and after the enactment of the Posse Comitatus Act. The paper also identifies how the Posse Comitatus Act has been misinterpreted, and how this misinterpretation has negatively influenced our Nation's ability to defend the homeland. The paper includes recommendations on how to best use our nation's military forces in a nonwartime environment to ensure the nation's security in a whole-of-government approach.
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Keywords
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Civil defense
Department of defense
Federal law
History
Homeland security
Humanitarian assistance
Intelligence
Law enforcement
Manpower utilization
Military forces(United states)
National security
Posse comitatus act
Protection
Theses
United states government
Whole-of-government approach
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Source Agency
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Non Paid ADAS
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NTIS Subject Category
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92C - Social Concerns
74 - Military Sciences
91I - Emergency Services & Planning
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Corporate Author
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National Defense Univ., Norfolk, VA. Joint Advanced Warfighting School.
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Document Type
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Thesis
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Title Note
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Master's thesis.
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NTIS Issue Number
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1225
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Contract Number
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N/A
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