Who is Responsible for Securing the State Borderand Arresting 12 Million Illegals?by Gerry Nance
Written: 6/23/2010 // Revised: 6/23/2010 // Printed: 6/23/2010
Muehler v Mena establishes that "officers did not need reasonable suspicion to ask Mena forher name, date and place of birth, or immigration status."Even though this was a gang-related case, "no additional Fourth Amendment justification forinquiring about Mena's immigration status was required." If that's true in California, it's truein Arizona. This is a strong precedent, with six justices from that unanimous decisionremaining on the bench.(http://www.law.cornell.edu/supct/html/03-1423.ZS.html)>
: composition and classes:(a) The
of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, orwho have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.(b) The classes of the
, which consists of the National Guard and the Naval
; and(2) the
, which consists of the members of the
who arenotmembers of the National Guard or the Naval
Code of Federal Regulations (32CFR215.4):
"The protection of life and property and the maintenance of public order are primarily theresponsibilities of State and local (County, City, School Board) governments. Aside from the constitutional limitations of the power of the Federal Government at the locallevel, there are additional legal limits upon the use of military forces within the UnitedStates. The most important of these from a civil disturbance standpoint is thePosseComitatus Act (18 U.S.C.1385), which prohibits the use of any part of the Army or the AirForce to execute or enforce the laws, except as authorized by the Constitution or Act of Congress. The Constitution and Acts of Congress establish six exceptions, generally applicable withinthe entire territory of the United States, to which the Posse Comitatus Act prohibition doesnot apply.>
Exceptions to the Posse Comitatus Act
(a) 10 U.S.C. 331.
Authorizes use of the MILITIA and Armed Forces when a State is unable tocontrol domestic violence, and a request for Federal assistance has been made by the Statelegislature or governor to the President.Implements Article IV, section 4, of the Constitution.
(b) 10 U.S.C. 332.
Authorizes use of the MILITIA and Armed Forces to enforce Federal lawwhen unlawful obstructions or rebellion against the authority of the United States rendersordinary enforcement means unworkable.Implements Article II, section 3, of theConstitution.
(c) 10 U.S.C. 333.
Authorizes use of the MILITIA and Armed Forces when domestic violenceorconspiracyhinders execution of State or Federal law, and a State cannot or will notprotect the constitutional rights of the citizens.Implements Article II, section 3, and the 14thAmendment of the Constitution.> 50USC21.Authorizes the US President to issue public proclamation, ordering allEnemyaliens (Mexicans)not naturalized, to deport from the USA, on any declaration of WARagainstMexico, by the governor of any state in the union, on invasion or incursion, by thepeople of Mexico, under the support of the government of Mexico.On Presidential
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