Running head: PREVENTING DELAYS IN THE AFTERMATH OF KATRINA 1
Preventing Delays as seen in the Aftermath of Hurricane Katrina through the Education of State and Federal Officials on Laws and Regulations Regarding the Use of Military Forces
Clinton D. Bayoneta
Master Leader Course
PREVENTING DELAYS IN THE AFTERMATH OF KATRINA 2
Preventing Delays as seen in the Aftermath of Hurricane Katrina through the Education of State and Federal Officials on Laws and…show more content… PREVENTING DELAYS IN THE AFTERMATH OF KATRINA 3
The Posse Comitatus Act of 1878 Following the defeat of the Confederacy during the U.S. Civil War, the Union Army occupied the South, known as the Reconstruction period. Tensions were high as the North attempted to restore order and bring the southern states back into the fold. During the presidential election of 1876, federal troops actively patrolled and monitored polling sites throughout the South and many thought that their presence intimated Southern voters and swayed the election (Spak et al., 2004). In response, the Posse Comitatus Act of 1878 was enacted, prohibiting U.S. military personnel from direct participation in law enforcement activities (Matthews, 2014). While the Posse Comitatus Act of 1878 prevents the U.S. military from conducting law enforcement activities, it does not mention any constraints on the National Guard.
The Utilization of the National Guard for Domestic Response
The National Guard is subject to Article I, Section 8 of the Constitution, which places them under state control and authorizes them to enforce laws upon the request of the governor (Spak et al., 2004).