Re:When Not to Obey Orders (2019)
by dragonwriter on Monday February 17, 2025 @12:01PM
(#43080993)
> National guard members are subject to the restrictions imposed by Posse Comitatus when on Title 10 orders.
True.
> National Guard members can only perform domestic law enforcement duties when under the command of a state's governor and TAG.
False. Posse Comitatus (18 USC Sec. 1385) does not prohibit the military (including the National Guard when called into federal service) from being used for domestic law enforcement, it prohibits that from being directed by those without specific authority in the Constituton or act of Congress to do so. The Insurrection Act provides authority to the President to do so, either at the request of state governments (10 USC Sec. 251) or on his own unilateral determination of necessity (10 USC Sec. 252, 253).
True.
> National Guard members can only perform domestic law enforcement duties when under the command of a state's governor and TAG.
False. Posse Comitatus (18 USC Sec. 1385) does not prohibit the military (including the National Guard when called into federal service) from being used for domestic law enforcement, it prohibits that from being directed by those without specific authority in the Constituton or act of Congress to do so. The Insurrection Act provides authority to the President to do so, either at the request of state governments (10 USC Sec. 251) or on his own unilateral determination of necessity (10 USC Sec. 252, 253).