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Posse Comitatus Act Analysis

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In regards to the Posse Comitatus Act of 1878, the main objective of the act was to limit the ability of the federal government to use the military for law enforcement purposes, but little to no success they were used as a security detail according to White House Reports on Hurricane Katrina, sociological journals, and books ranging from Militarizing the American Criminal Justice System (Kraska, 2001) to Acts of God (Steinberg, 2006), (Farmer, 2011). Especially after Hurricane Katrina; it was a prime example of how and why a states needed to be restored with law and order after a disaster hit raising concerns on the President’s legal authority to send active duty military personnel into a disaster area with permissible functions to protect …show more content…

When a disaster occurs the federal, state, and local governments contact the military for help and support due to the their advantages attached to military operations and response which could benefit in them in manpower with specific qualifications, skills and expertise, strategic and rapid mobilization, updated technology and a variety of equipment (helicopters, aircraft, earth-moving machinery, respirators, medical supplies, power and lighting equipment, under-water capability, etc.) that most emergency organizations are unable to acquire on a moment notice (Kapucu, 2011). Besides, the military’s bureaucratic structure with hierarchical rules in place are effective in command, coordination, and control of manpower, authority, and regulations, is beneficial in providing effective response actions during the time of emergency (Anderson 1970; Schrader 1993; Sylves 2008; US House of Representatives 2006) (Kapucu, 2011). This advantage cut time in half because the structure is already set up without questioning who is doing what or who is in charge. Additionally, the military supports in sheltering the homeless, the construction of temporary housing and restoration of minimal critical infrastructure (water, electric, sanitation, communication infrastructure, etc.), (Miskel 2006; Schrader 1993), (Kapucu, 2011). As we can see the domestic use of the military is well needed in crises and emergency

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