As it was written, Posse Comitatus does not allow for any constitutional exceptions. The U.S. military is not supposed to be involved with law enforcement activities in any capacity whatsoever, and yet the Congress-passed bill has been so watered down over the past 50 years or so that armed soldiers could soon become commonplace on the streets of America.
"The law allows only for express exceptions, and no part of the Constitution expressly empowers the president to use the military to execute the law," explains the Brennan Center about how Posse Comitatus is supposed to work.
"This conclusion is consistent with the law's legislative history, which suggests that its drafters chose to include the language about constitutional exceptions as part of a face-saving compromise, not because they believed any existed."
Despite all this, the DoD has decided that there are constitutional exceptions of Posse Comitatus. And because nobody with any power is willing to do anything to stop the DoD, the militarization of America's police forces will continue to expand like a frog boiling in a pot.
"The Department has long claimed that the Constitution implicitly gives military commanders 'emergency authority' to unilaterally use federal troops 'to quell large-scale, unexpected civil disturbances' when doing so is 'necessary' and prior authorization by the president is impossible," the Brennan Center further says.
"In the past, the department also claimed an inherent constitutional power to use the military to protect federal property and functions when local governments could not or would not do so. The validity of these claimed authorities has never been tested in court."
(Related: Did you know that the U.S. Army is already violating Posse Comitatus by manning illegal alien "migrant" hotels in New York City?)
No, the DoD cannot legally override Congress
The DoD chipped away at what is arguably the last remaining power of Posse Comitatus with the recent implementation of Directive 5240.01, which appears to expand the power of the executive branch, in this case the Biden regime, to weaponize the U.S. military against American citizens.
Instead of only being allowed to deploy troops overseas to fight wars under the direction of Congress, the White House will now, it seems, be able to deploy troops to the streets of America to crack down on whatever nightmare is about to erupt as a result of the nation's irreparable political divide.
The following new provisions were implemented under Directive 5240.01:
1) While assassination of Americans is strictly forbidden, the directive's language allows for lethal actions to be used against Americans who are deemed as "imminent threats."
2) The directive expands the definition of "national security threats," aligning with the Department of Homeland Security's (DHS) broader definition of domestic terrorism threats.
3) Any intelligence-sharing that could result in lethal force being used must first be approved by the Secretary of Defense. However, Component Heads are still allowed to act immediately using lethal force for up to 72 hours before obtaining approval.
"Imagine waking up to discover that the U.S. military has quietly been granted the authority to assist in domestic law enforcement activities – including the use of lethal force against U.S. citizens in certain circumstances," reports Technocracy.news, citing GreenMedInfo.
"Now consider that this change was enacted just weeks before an election, already surrounded by concerns about unrest, civil liberties, and potential government overreach. This is the reality of DoD Directive 5240.01, reissued on September 27, 2024."
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