Posse Comitatus Act and the US Military on the Border

On April 3, 2018, President Donald Trump proposed that U.S. military troops be deployed along the United States border with Mexico to help control illegal immigration and maintain civil order during construction of the secure, border-length fence recently funded by Congress. The proposal brought questions of its legality under the 1878 Posse Comitatus Act. However, in 2006 and again in 2010, Presidents George W. Bush and Barack Obama took similar actions. In May 2006, President George W. Bush, in Operation Jumpstart, ordered up to 6,000 National Guard troops to the states along the Mexican border to support the Border Patrol in controlling illegal immigration and related criminal activities on U.S. soil. On July 19, 2010, President Obama ordered an additional 1,200 Guard troops to the southern border. While this buildup was  substantial and controversial, it did not require Obama to suspend the Posse Comitatus Act. Under Article I of the Constitution, Congress may use the â€Å"militia† when necessary â€Å"to execute the Laws of the Union, suppress Insurrections and repel Invasions.† It also guarantees that the states will be protected against invasion or attempts to overthrow their â€Å"republican form of government,† and, when requested by the state legislature, against â€Å"domestic violence.† These constitutional provisions are reflected in the Insurrection Act of 1807 both before and after the passage of the Posse Comitatus Act. The Insurrection Act governs the presidents ability to deploy troops within the U.S. to put down lawlessness, insurrection, and rebellion.   As now expressed by law at 10 U.S. Code  §Ã¢â‚¬ ¯252, the Insurrection Act is interpreted to mean: â€Å"Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.† The Posse Comitatus Act limits the Guard troops to acting only in support of the U.S. Border Patrol, and state and local law enforcement officers. Posse Comitatus and Martial Law The Posse Comitatus Act of 1878 prohibits the use of U.S. military forces to perform the tasks of civilian law enforcement such as arrest, apprehension, interrogation, and detention unless explicitly authorized by Congress. The Posse Comitatus Act, signed into law by President Rutherford B. Hayes on June 18, 1878, limits the power of the federal government in the use of federal military personnel to enforce U.S. laws and domestic policies within the borders of the United States. The law was passed as an amendment to an army appropriation bill following the end of Reconstruction and was subsequently amended in 1956 and 1981. As originally enacted in 1878, the Posse Comitatus Act applied only to the U.S. Army but was amended in 1956 to include the Air Force. In addition, the Department of the Navy has enacted regulations intended to apply the Posse Comitatus Act restrictions to the U.S. Navy and Marine Corps. The Posse Comitatus Act does not apply to the Army National Guard and the Air National Guard when acting in a law enforcement capacity within its own state when ordered by the governor of that state or in an adjacent state if invited by that state’s governor. Operating under the Department of Homeland Security, the U.S. Coast Guard is not covered by the Posse Comitatus Act. While the Coast Guard is an â€Å"armed service,† it also has both a maritime law enforcement mission and a federal regulatory agency mission. The Posse Comitatus Act was originally enacted due to the feeling of many members of Congress at the time that President Abraham Lincoln had exceeded his authority during the Civil War by suspending habeas corpus and creating military courts with jurisdiction over civilians. It should be noted that the Posse Comitatus Act greatly limits, but does not eliminate the power of the President of the United States to declare martial law, the assumption of all civilian police powers by the military. The president, under his or her constitutional powers to put down insurrection, rebellion, or invasion, may declare martial law when local law enforcement and court systems have ceased to function. For example, after the bombing of Pearl Harbor on December 7, 1941, President Roosevelt declared martial law in Hawaii at the request of the territorial governor. What the National Guard Can Do on the Border The Posse Comitatus Act and subsequent legislation specifically prohibit the use of the Army, Air Force, Navy and Marines to enforce the domestic laws of the United States except when expressly authorized by the Constitution or Congress. Since it enforces maritime safety, environmental and trade laws, the Coast Guard is exempt from the Posse Comitatus Act. While Posse Comitatus does not specifically apply to the actions of the National Guard, National Guard regulations stipulate that its troops, unless authorized by Congress, are not to take part in typical law enforcement actions including arrests, searches of suspects or the public, or evidence handling. What the National Guard Cannot Do on the Border Operating within the limitations of the Posse Comitatus Act, and as acknowledged by the Obama administration, National Guard troops deployed to the Mexican Border States should, as directed by the states governors, support the Border Patrol and state and local law enforcement agencies by providing surveillance, intelligence gathering, and reconnaissance support. In addition, the troops will assist with counternarcotics enforcement duties until additional Border Patrol agents are trained and in place. The Guard troops may also assist in the construction of roads, fences, surveillance towers and vehicle barriers necessary to prevent illegal border crossings. Under the Defense Authorization Act for FY2007 (H.R. 5122), the Secretary of Defense, upon a request from the Secretary of Homeland Security, can also assist in preventing terrorists, drug traffickers, and illegal aliens from entering the United States. Where Congress Stands On the Posse Comitatus Act On Oct. 25, 2005, the House of Representatives and Senate enacted a joint resolution (H. CON. RES. 274) clarifying Congress stance on the effect of the Posse Comitatus Act on the use of the military on U.S. soil. In part, the resolution states by its express terms, the Posse Comitatus Act is not a complete barrier to the use of the Armed Forces for a range of domestic purposes, including law enforcement functions, when the use of the Armed Forces is authorized by Act of Congress or the President determines that the use of the Armed Forces is required to fulfill the Presidents obligations under the Constitution to respond promptly in time of war, insurrection, or other serious emergency.

An Explanation Of Online Credit Reports Finance Essay - Free Essay Example

Sample details Pages: 4 Words: 1213 Downloads: 4 Date added: 2017/06/26 Category Finance Essay Type Argumentative essay Did you like this example? In the past, credit reports were perhaps more of a problem for customers. But today, with the Internet, online credit reports are easy to obtain and without spending too much of time. The websites that help with the process of obtaining online credit reports should be researched before being chosen. When selecting for an authentic website for credit reports, it is important for customers to opt for reliable websites that provide accurate information. Sometimes payments made or debts that have been cancelled may not be reflected in the credit report and this may negatively affect loans and other financial deals for which the person may have applied. This is also one major reason why a person should have an updated copy of his credit report available. They should make sure that their credit reports reflect their true credit position. It is also important for them to remember that the contents of the credit reports from different agencies may differ. It is essenti al for them to apply to websites that offer the information they need. Credit reports help in noticing any inaccuracies and taking the necessary steps to correct them as early as possible. Credit reports are excellent indicators of whether customer has been a victim of an identity theft. It is advisable to opt for the websites that offer security of personal information provided. If an unauthorized person accesses the information, he could get loans or credit cards with the help of the persons personal details provided. Although identity theft situations are remediable, they take a lot of time and hard work, apart from the additional payments needed for credit repair services. Getting a credit report is essential to help ensure the financial well being of the customers. It can also help fix inaccurate credit data as soon as possible. FAST ONLINE CREDIT REPORTS Some people view credit reports as something they can put off for later. Credit reports were an annoying inconvenie nce in the past, but with the Internet technology today, online credit reports have become a fast and easy affair. A fast online credit report helps prevent financial problems from getting worse. Fast online credit reports give individuals an overview of their financial standing and it helps in rebuilding a poor credit history. Previously, people had to pay to get a copy of their credit report. Today, in most places, people can get a free copy of their credit report, within minutes. All these customers have to log on to the Annual Credit Report, a website made possible with the cooperation of the top three U.S. credit bureaus: Experian, TransUnion, and Equifax and get their credit reports. They can also request for individual credit reports from these three agencies. It is important to remember that the content of the credit reports from these agencies may differ. All the information that is obtained form the online credit reports is very important to determine a persons finan cial position. Many people sometimes do not realize that there are institutions that use the credit reports of customers for reasons that may affect the customers finances. When applying for a mortgage or for a re-mortgage of property, customers need to know that their credit report is one of the things that their creditor will need to consider. This information is also significant when it comes to insurance and loans. At these times, all that counts is creditworthiness. Financial institutions consider credit-worthy customers only. A credit report is one of the main documents that help the financial institutions to decide on providing a loan. Customers should make the effort to ensure that their credit reports are in order. MULTIPLE ONLINE CREDIT REPORTS Today, crimes such as fraud and identity theft have become common. It is very important for people to view their credit reports regularly. This will enable them to take the necessary steps as early as possible to rectify the s ituation and minimize the consequences. To obtain an online credit report is much easier nowadays because of the large number of websites that are offering this service. Customers have the option of obtaining a free copy, every twelve months. These websites provide a credit score. A credit score is a grading system that adds or subtracts points based on selected data in the credit report. Negative factors like late payments and bankruptcies take points away whereas a strong credit history and the careful use of available credit, adds points. There are several reasons why credit scores may vary. Not all financial institutions report to all the three credit bureaus, Experian, TransUnion, and Equifax. A late payment reported by a credit card agency to only one bureau would lower his score on that credit report. Until recently, each credit bureau used its own variant of the standard scoring model and any deviation would end in a different score. The three national bureaus now use the same scoring model. In 2002, researchers conducted a study to examine the reasons for different scores at the three national credit bureaus. Besides different reporting practices by the lending institutions, the study also found that customers sometimes have multiple or mixed credit reports. This was due to the variations in the names used on credit applications and credit files that include information about more than one customer. If any of the bureaus return a report without scoring it or if it is not possible for the bureau to locate a report for the applicant, the information is recorded. ONLINE CREDIT REPORT SITES Recent changes, in the legal system, have helped customers to avail of a free online personal credit report from websites, especially if they have been recently turned down for credit. Checking credit history ensures that the information is accurate. The credit standing of an individual affects the interest rates offered, insurance premiums and even his employment chances. Credit reports are used by a number of companies to make decisions about their customers. Financial institutions classify loan applications based on the credit history. Loans taken for cars, insurance rates and plans to mortgage or re-mortgage may be affected by the credit reports. Potential employers can also evaluate applications of employees, on their credit report. In addition to payment history, credit reports include records of arrest, legal punishments, insurance policies over a certain amount and proof of residence. These details stay on the report permanently, unlike the payment history that drops off after a certain period. There are a number of ways to avail of a credit report. By applying online the reports can be got immediately, free of cost. To receive credit reports online, the person can go directly to the sites of Equifax, Experian, and TransUnion, the three well- known credit-report agencies. He can also request for the credit report t hrough a third party site. These sites offer additional services, like providing the credit rating score. Once the person has received his credit report from the site, it is advisable to check for errors. Credit reports are the most important tools that help in discovering any discrepancies in the credit situation of a person as early as possible and in preventing credit disasters, in the long term. Hence it is vital to check credit reports regularly and make sure that the information they have on record is correct and accurate. Don’t waste time! 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Civil War Reconstruction Free Essays

America between 1865 and 1876 was very broken and disunited due to the obvious Civil War. There was much effort put in my various powers to put together America again and attain the unity preferably desired by the central governing body. Both the Congress and the Citizenry participated to remedy the discretely disunited states. We will write a custom essay sample on Civil War Reconstruction or any similar topic only for you Order Now President Johnson, who took office right after Lincoln against the radical republicans to piece together America, is a perfect example of Congressional effort put into the problem. As for the citizenry putting in effort, the Freedmen’s Bureau and sharecropping both showed a different paradigm of the problem on a level in which the average citizens could assist in unifying America again. Through examples we will soon see exactly how the two entities combined forces of the government and the people to fight for a common goal. After the conclusion of the Civil War with the defeat of the Confederate states, an organization by the name of Freedman’s Bureau was composed to give abandoned or confiscated land to freed African Americans to live on. This land was given to them in the form of grants that were approximately 40 acres, give or take, to live on for three years. After these 3 years, they would be able to purchase the land at a very low price. This organization helped put America together again because it shows the co-op method in which the Congress set up an establishment to give freedom to the black and then the people were readily agreeing to it, not rebelling. This also changed the Citizenry’s view of slaves in a certain way. As the Dread Scott case mentioned that slaved were not people they were property, well, now they were able to purchase land. This meant that since property can not own property and only another person can own property, that people must soon see slaves as reasonably people and not property. Although not revolutionary since segregation was very common amongst both North and South states, there was still a new perspective offered to people to accept slaves as people themselves. This would soon help bring the South and North closer as they would begin to begin in soon the same ideology towards people of different colors and cultures. Another factor important in tying together America was sharecropping, which however was not as good. Sharecropping meant that a squad or family could work independently for a fixed share of crop, around ?. The positive side to this was the fact that there was no expenditure in advance of harvest. The tenant had to share the risks of crop failure or a fall in cotton prices. Blacks believed this to be helpful to them, and since it was the Citizenry who decided upon doing this, we can see that the not only the government, but all the way down to the individual person we can see that citizens would put forth effort to cooperate with the new system of social life considering slavery was no longer an option. Although in the 1870s it became a servitude type instance in which croppers lived on credit until the cotton was sold. This was en route back to a modified adaptation of slavery in this time period. However until then, it was a vital key to show the vast effort put into the bringing together of America. The president also played a vital role in the bringing together of America. President Johnson wanted to reprieve the formerly Confederate states. He believed in organizing a new government and electing new representatives for states. This was contrary to the bringing together of America. Thus his opponent, the Radical Republicans came into action. Their plan was to fully represent the southern states’ government and also used military force to do so. They also passed the Civil Rights Acts to give slaves full rights. They wanted to grant suffrage to freedmen. This political party of republicans showed that the president was overpowered and thus could not disagree otherwise as the republicans fully gained the support of the people in their cause. Because of their success in this, they were able to put together America by the use of military force, which almost always does the job as we can see the Civil War settling any social issues about slavery. The fact that people began to not only include slaves as people, but to give them rights as well was a leap for American men, especially in the South. This was all part of the effort for unity. So as we can see from the efforts of the Radical Republicans and the Freedmen’s Bureau, there is much cooperation between the Citizenry and the Congress in the unity of America pose-Civil War. How to cite Civil War Reconstruction, Essay examples

Academic Strategies free essay sample

Liberal Arts Education is the process of becoming a free person liberated from intellectual vices such as apathy, lack of curiosity, and ignorance. Using the metaphors and symbols of the cave, why does the university require students to engage in the process of Liberal Arts Education? No Both. Could have connected it better to the story. Even the best students often encounter challenges with their study skills throughout their college career. In fact, it is not uncommon for students who earned As in high school to seek out additional study strategies once they experience the variety of coursework in college.Identify a couple of challenges that you may expect to encounter with regard to your own study skills, and then discuss the resources available and your action plan to overcome those challenges. Challenges Resources Action Plan Example: Inability to fully concentrate and take notes during a long lecture. US Academic Resource Center online information and workshops, I. We will write a custom essay sample on Academic Strategies or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page E. Information about active listening during lectures. Read the information on the ARC website about listening during lectures. Practice habits of an effective listener listed on the website.Take a quick nap before class, put phone and laptop away, and practice concentrating during history class. Visit ARC workshop if that doesnt work. 1. I am worried will be a procrastinator, and not work as hard as I should on my studying. I can go use the US Academic Resource Center and watch helpful videos. I can also refer to some of the videos that have been used on the US 1010 Canvas course. Start making study schedules. I need to start doing my homework when it is handed out and fresh in my mind.I need to do homework when it is first available for me to do it. Can also make calendars and plan out my weeks. 2. I will also struggle to keep up with the rest of the class. I am a slow learner, and I am worried will fall behind. Can use the resources my professor gives me, like Supplemental Instruction classes, and also teaching assistants. Can also use the Library study groups and use the opportunity to study with my peers. I need to start going to Supplemental Instruction Courses and make time to learn more when I am not caught up.I need to make sure I put in extra time to study and stay caught up. Did you use your annotation and notes while taking the quiz? If so, would you have done as well if this was a closed-note quiz? Did use my notes and annotation, but think would have probably done just as well as did without them. What did you learn while doing this assignment? It is important to do well on note-taking and annotating. Even if you are not able to use those on a test or quiz, you retain more information by writing It down and going through the material repeatedly afterwards.