I think the question is
Actually this could undermine Posse Comitatus but when we get here it's too late.
CODE OF FEDERAL REGULATIONS
TITLE 32--NATIONAL DEFENSE
SUBTITLE A--DEPARTMENT OF DEFENSE
CHAPTER V--DEPARTMENT OF THE ARMY
SUBCHAPTER A--AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS
PART 501--EMPLOYMENT OF TROOPS IN AID OF CIVIL AUTHORITIES
Current through May 7, 2002; 67 FR 30627
§ 501.4 Martial law.
It is unlikely that situations requiring the commitment of Federal Armed Forces
will necessitate the declaration of martial law. When Federal Armed Forces are
committed in the event of civil disturbances, their proper role is to support, not supplant,
civil authority. Martial law depends for its justification upon public necessity. Necessity
gives rise to its creation; necessity justifies its exercise; and necessity limits its duration.
The extent of the military force used and the actual measures taken, consequently, will
depend upon the actual threat to order and public safety which exists at the time. In most
instances the decision to impose martial law is made by the President, who normally
announces his decision by a proclamation, which usually contains his instructions
concerning its exercise and any limitations thereon. However, the decision to impose
martial law may be made by the local commander on the spot, if the circumstances
demand immediate action, and time and available communications facilities do not
permit obtaining prior approval from higher authority (§ 501.2). Whether or not a
proclamation exists, it is incumbent upon commanders concerned to weigh every
proposed action against the threat to public order and safety it is designed to meet, in
order that the necessity therefor may be ascertained. When Federal Armed Forces have
been committed in an objective area in a martial law situation, the population of the
affected area will be informed of the rules of conduct and other restrictive measures the
military is authorized to enforce. These will normally be announced by proclamation or
order and will be given the widest possible publicity by all available media. Federal
Armed Forces ordinarily will exercise police powers previously inoperative in the
affected area, restore and maintain order, insure the essential mechanics of distribution,
The military isn't trained to be a police force, so it should stick to the skills for which it is trained: surveillance, information gathering, especially logistical support. All of these activities are allowable under Posse Comitatus.Should there be a U.S. law enforcement role for the military during domestic emergencies
Actually this could undermine Posse Comitatus but when we get here it's too late.
CODE OF FEDERAL REGULATIONS
TITLE 32--NATIONAL DEFENSE
SUBTITLE A--DEPARTMENT OF DEFENSE
CHAPTER V--DEPARTMENT OF THE ARMY
SUBCHAPTER A--AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS
PART 501--EMPLOYMENT OF TROOPS IN AID OF CIVIL AUTHORITIES
Current through May 7, 2002; 67 FR 30627
§ 501.4 Martial law.
It is unlikely that situations requiring the commitment of Federal Armed Forces
will necessitate the declaration of martial law. When Federal Armed Forces are
committed in the event of civil disturbances, their proper role is to support, not supplant,
civil authority. Martial law depends for its justification upon public necessity. Necessity
gives rise to its creation; necessity justifies its exercise; and necessity limits its duration.
The extent of the military force used and the actual measures taken, consequently, will
depend upon the actual threat to order and public safety which exists at the time. In most
instances the decision to impose martial law is made by the President, who normally
announces his decision by a proclamation, which usually contains his instructions
concerning its exercise and any limitations thereon. However, the decision to impose
martial law may be made by the local commander on the spot, if the circumstances
demand immediate action, and time and available communications facilities do not
permit obtaining prior approval from higher authority (§ 501.2). Whether or not a
proclamation exists, it is incumbent upon commanders concerned to weigh every
proposed action against the threat to public order and safety it is designed to meet, in
order that the necessity therefor may be ascertained. When Federal Armed Forces have
been committed in an objective area in a martial law situation, the population of the
affected area will be informed of the rules of conduct and other restrictive measures the
military is authorized to enforce. These will normally be announced by proclamation or
order and will be given the widest possible publicity by all available media. Federal
Armed Forces ordinarily will exercise police powers previously inoperative in the
affected area, restore and maintain order, insure the essential mechanics of distribution,