Inside the Cypherpunks Cult (fwd)

[Mark M.]

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On 23 Aug 1997, Firebeard wrote:

> >>>>> Jim Choate writes:
>
> JC> And any soldier who fires on Americans is clearly going against
> JC> prima facia evidence that the framers intended for American
> JC> military force to NEVER be used against American citizens on
> JC> American soil.
>
> 	Being a Pennsylvania native, I refer you to the 'Whiskey
> Rebellion', 1791-4, western Pennsylvania.  Mr Washington, one of those
> framers, sent American troops (militia, under federal control) against
> American citizens on American soil.  And I don't recall Mr Washington
> being impeached for violating the Constitution (although Jefferson did
> resign as Secretary of State, in part, over this).

The militia is different from the military force.  The U.S. Constitution
explicitly states in Article I, Section 8, that the militia may be called
forth (by the federal government) to enforce federal law.  The army and
other military forces, however, were not given this power and were not
intended to be permanent establishments, either.  The reason for the
establishment of the militia was to provide for a permanent defense force
avoiding the dangers to liberty of a standing army.  The army was never
intended to be used for law enforcement and could only be used against
American citizens in a time of rebellion, such as the Civil War.  Over
a hundred years ago, the Posse Comitatus Act was passed which forbid the
military from arresting or questioning American citizens.



Mark
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