Inside the Cypherpunks Cult (fwd)

Firebeard stend+cypherpunks at
Sat Aug 23 17:25:06 PDT 1997


>>>>> Mark M writes:

MM> 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).

MM> The militia is different from the military force.

	It is?  It seems to me that military force is military force,
regardless of what uniforms it's dressed in.  I forgot that it's so
much nicer to be shot by the New Jersey National Guard than the US
Marine Corps.  And Washington sent in the militia only because he
didn't have enough 'regular' troops.

MM> The U.S. Constitution explicitly states in Article I, Section 8,
MM> that the militia may be called forth (by the federal government)
MM> to enforce federal law.  The army and other military forces,
MM> however, were not given this power

	But they were not explicitly denied it, either.

MM> and were not intended to be permanent establishments, either.

	Agreed.  Has anyone ever attempted to sue the US Army as being
unconstitutional, given the prohibition of a standing army?

MM> Over a hundred years ago, the Posse Comitatus Act was passed which
MM> forbid the military from arresting or questioning American
MM> citizens.

	Ah, Congress had to pass a law to ban it, eh?  Well, what
Congress giveth, Congress can taketh away - and did.  I don't recall
the exact law or bill, but they exempted the military from the Posse
Comitatus Act in one of the 'War on Drugs' laws.

	At any rate, the 'War on Drugs' is a bad idea, and the use of
the military as police, domestically or abroad, is a bad idea.  I'm
just not certain which is worse.

- -- 
#include <disclaimer.h>                               /* Sten Drescher */
Unsolicited bulk email will be stored and handled for a US$500/KB fee.
It is by caffeine alone I set my mind in motion, it is by the beans of
Java that thoughts acquire speed, the hands acquire shaking, the
shaking becomes a warning, it is by caffeine alone I set my mind in
motion. -- Carlos Nunes-Ueno, 3/29/95

Version: 2.6.2
Comment: Processed by Mailcrypt 3.4, an Emacs/PGP interface


More information about the cypherpunks-legacy mailing list