The "Other Condition" for Martial Law

Status
Not open for further replies.
Well, this is why I say our Republic is lost. Silliman, you can check the law. It is one of the biggest steals of American civil liberities in history.

The law amends the Insurrection Act to deal with events and problems that have occurred recently, so shouldn't the underlying act be "the biggest steal" notwithstanding the fact that our republic survived its passage and has thrived for years with it in place?
 
We can thank Gov. Blanco and Mayor Nagin both of the sorry state of Louisiana for this legislation. People died because of their incompetence.

Now, in the future, the president will not have to wait until one of these clowns "invites" in federal troops in to respond to a disaster.
 
The Coast Guard is completely exempt from the Posse Comitatus Act. The President can order the Coast Guard to do anything that is not a violation of other law. For example, the Coast Guard could be ordered to support and assist the FBI or BATFE

Well ya see, the Coast Guard doesn't fall under the DOD. They used to be under DOT control, and are now part of Homeland Security.:barf: So they're technically not a military branch.(Though Cutters are in the Persian Gulf I know so don't flame me Coasties.) So yes, posse comitatus has nothing to do with the Coast Guard. Though it was approved by the Navy, the only instances I can readily think of where Naval reservists fall under Coastie command are at HDCU's. As to the Marine Corps(Happy early birthday.) it aint gonna happen.
 
- The Navy owns the Marines and if one Coast Guard officer is placed in command of a Marine Unit the President can order it to conduct any operation that would otherwise be legal.

No, no, and no. Sorry, try again.

Gee, that's persuasive. Care to be more specific.

I mean just off the top of my head, lets look at all the naval and marine forces that were used in NO for Katrina relief ops.

http://www.military.com/NewsContent/0,13319,78092,00.html

Who was in charge? A Coast Guard Admiral.

http://www.govexec.com/dailyfed/0905/092305nj1.htm

As I said, this bypasses any posse comitatus complications.

http://en.wikipedia.org/wiki/Posse_Comitatus_Act

Just because you are unaware of something doesn't mean it isn't true.
 
So yes, posse comitatus has nothing to do with the Coast Guard. Though it was approved by the Navy, the only instances I can readily think of where Naval reservists fall under Coastie command are at HDCU's. As to the Marine Corps(Happy early birthday.) it aint gonna happen.

The Harbor Defense Command Units may be the only commands where naval personnel are permanently under Coastie command, I'm really not sure. As I recall it happened repeatedly in refugee and anti-drug ops in the Caribbean, but only for an hour or so at a pop.

A naval unit, like an OHP would stop a suspicious ship or boat, maybe on a tip. They'd send over a Coast Guard officer with a couple of master at arms in support to look around. If the case ever went to trial, it was a Coast Guard operation.

That's all word of mouth sea stories from 10 - 12 years ago though. I tried to find a reference on yahoo and couldn't. So take that with a grain of salt if you like.

There were marines and naval personnel under the command of a coast guard Vice Admiral in NO last year though.
 
RE:
The Navy owns the Marines
http://www.jcs.mil/about_cjs.html
The Joint Chiefs of Staff consist of the Chairman, the Vice Chairman, the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, and the Commandant of the Marine Corps.
So much for that part.

and if one Coast Guard officer is placed in command of a Marine Unit the President can order it to conduct any operation that would otherwise be legal.
The President already has broad powers to deploy National Guard troops (that's the Army) and Marines (that's the Marine Corps) to suppress rebellion and provide disaster relief. The fact that you saw a Coast Guard officer in charge of some Marines doing disaster relief means nothing.
 
I was in the Marines and worked with the coast gaurd. But they never were in control of us. We had our orders and worked with them at times. They will never let that fly. The national security act defines the Marines mission. As I'm sure it does for each military branch.

Besides that there will be parts of each branch of service that disobey the order to take out civilian over the 2a. And if there are enough pockets of resistance from citizens the military would be brought to its knees. And I would bet that the citizens would get help from outsiders.
 
RE:

The Navy owns the Marines

http://www.jcs.mil/about_cjs.html

The Joint Chiefs of Staff consist of the Chairman, the Vice Chairman, the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, and the Commandant of the Marine Corps.
So much for that part.

Yes, they have their own seat on the joint chiefs of staff (now). What they don't have is their own service secretary. They are part of the department of the navy and fall under the secretary of the navy.

They also don't have their own academy. Midshipmen from Annapolis are given the choice upon graduation of becoming naval officers or marine officers. Again, that's because they're both the department of the navy.

The President already has broad powers to deploy National Guard troops (that's the Army) and Marines (that's the Marine Corps) to suppress rebellion and provide disaster relief.

I'm glad you agree with me then. That's what I said in my original post.

This is just one simple way around the Posse Comitatus Act. I hear there are others, I'm just not interested enough to look them up.

Remember that we're only discussing this as a way of showing that the new law in the beginning of this thread doesn't really change much of anything. It's just political posturing by the politicians in Congress so they can say, "Look, I did something to prevent another screw-up like Katrina."

The fact that you saw a Coast Guard officer in charge of some Marines doing disaster relief means nothing.

It does legally.
 
Yes, they have their own seat on the joint chiefs of staff (now). What they don't have is their own service secretary. They are part of the department of the navy and fall under the secretary of the navy.

They also don't have their own academy. Midshipmen from Annapolis are given the choice upon graduation of becoming naval officers or marine officers. Again, that's because they're both the department of the navy.
The Department of the Navy is not the Navy.

If it's illegal for the Marines to do it, putting a Coast Guard officer in charge wouldn't change that. And they wouldn't need that "trick" anyway, since it's already legal.
 
I was in the Marines and worked with the coast gaurd. But they never were in control of us. We had our orders and worked with them at times.

I wasn't suggesting that the marines would have TAD orders cut assigning them to Coast Guard units. If your unit were assigned a joint op with a Coast Guard officer in your chain of command then legally you're supporting the Coast Guard.

The actual "commands" may be along the lines of, "So what do you Marines think. ... Uh Huh. Good. Do that then."
 
The Department of the Navy is not the Navy.

I think we may be wasting our time with this one. Just to clarify, I never said the marines were the navy, I said they were owned by the navy. That was a bit of hyperbole. The fact of the matter is that the US Navy and the US Marine Corp. are both part of the Department of the Navy. Every Marine has the Sec. Nav. in his chain of command.

If it's illegal for the Marines to do it, putting a Coast Guard officer in charge wouldn't change that.

I think it would change it. I think that there's legal precedent in terms of drug smuggling arrests where other members of the department of the navy were put under Coast Guard command. But I can't prove it, so whatever.
 
I think it would change it. I think that there's legal precedent in terms of drug smuggling arrests where other members of the department of the navy were put under Coast Guard command. But I can't prove it, so whatever.

The military is authorized to participate in anti-drug operations (as they are supposed to have done at Waco due to a fake accusation that drugs were involved). Coasties ride along on these operations in order to carry out arrests, and because they have far greater authority to carry out searches than LEOs.
 
The Marines are most definitely NOT 'owned' by the Navy. We are a department of the Navy, mainly for logistic purposes.
 
Wow this thread gave me chills before it broke off into the who in the military owns who tangent. It is probably just me, but I find this to be kind of an exciting moment in our history and I wouldn't mind things coming to a breaking point. It's like Sean Connery said in Hunt for Red October, "A little revolution once in awhile is a good thing, don't you think?"
 
Maybe it would be helpful to demonstrate that the Marines are their own
branch by point out that the Chairman of the JCS is a Marine.

Also, to tie in with this thread, the ARNG does not have a seat on the JCS.

General Peter Pace-Chairman-United States Marine Corps

Admiral Edmund P. Giambastiani, Jr.-Vice Chairman-United States Navy

General Peter J. Schoomaker-Chief of Staff of the United States Army-United States Army

Admiral Michael G. Mullen-Chief of Naval Operations-United States Navy

General Michael W. Hagee-Commandant of the Marine Corps-United States Marine Corps

General T. Michael Moseley-Chief of Staff of the United States Air Force-United States Air Force

I would say the Navy and Marines are well-representated in the military
power structure, especially given the fact that the Marines have the smallest
number of people. However, I think they are also the fastest logistically and
easiest legally for the POTUS to call out and deploy.
 
ManedWolf said:
We can debate constitutional provisions, but when they are kicking in your door with M16's you either submit or die... That is all.
The only thing that says they can't do that, and they know it, too, is millions with hunting rifles when they're far away, and millions with carbines and handguns when they're closer up.

Any attempt at JBT martial law would result in millions upon millions of scoped deer rifles poking out of the windows of millions of houses, and the sharp cracks of said rifles coming from everywhere and nowhere. And anyone with aspirations of dictatorship knows that.
That's a hopeful sentiment - were that it was true.

I and others, I'm sure, would be interested in knowing exactly what would prompt one to believe that the gun owning population would rise up enmass and resist?
 
I for one won't really rise up or resist if it comes to that. However I will treat all no knock entries with extreme prejudice, regardless of uniform.
 
Using NOLA isn't a very solid example. For three reasons.

#1. Most gunowners had already left the city, especially the ones most likely to fight. Why? Most people don't want to die in a Hurricane. And a rifle does little to stop one.

#2. For all that was said about the confiscations, they were both limited to NOLA itself, and enforced by a relative few.

#3. As has been said before, few knew about the confiscations until after the situation had been going on, and most of the weapons that were to be seized had been. The serious gun owners now are on notice. And it will not be easy for a confiscation to occur after this now.

Oh, and by the way, the NG was also told to shoot looters on sight and few incidents of that type occured because the commander decided to be alot more selective about that order than he was supposed to. I'm not saying that all 90 million of us would take up arms, and march on the White House, what I am saying is this.

Look at most armed conflicts in the past 200 years. Only a few fight the government initially. But in order to fight that handfull the government cracks down on everyone. People are killed who are "collateral" and many are left with nothing to lose. As things get worse, the government cracks down harder, and only brings more people onto the side of the rebels. This model is playing out in Iraq right now.

Also keep in mind, when the Revolution happened only about 15-20% of the country was actually fighting the crown, the rest were either sideliners, or were against the Revolution. I suspect similar percentages if a confiscation were to occur.
 
Status
Not open for further replies.
Back
Top