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Consider the issues of why the Posse Comitatus Act and restrictions of the mlitary to perform domestic police functions have been important in US history

Law Dec 21, 2021

Consider the issues of why the Posse Comitatus Act and restrictions of the mlitary to perform domestic police functions have been important in US history. Consider also why the issue remains important in 21st Century America. Use a Who, What, Why, Where, When, How, Explain (WWWWWHE) framework to ask and answer important factual questions. Use your own words to ensure you understand the concepts beyond the level of rote memorization.

 

Expert Solution

Posse Comitatus Act

The act was passed by the congressmen and senators of former states after the heated 1876 election that also compromised up to the following year in 1877 (Rao, 2019). The senators went back to Washington with one objective; to prohibit military force in policing the former confederation states. In this appropriation bill, the constitution places the responsibility of holding elections to individual states. The states are responsible for holding elections responsibly, prosecuting unlawful actions during the elections, and being accountable for carrying out elections orderly. Generally, the act gives the confederate states full responsibility for carrying out elections. The reason for doing this is due to paramilitary exercising excessive force in the states during elections. Most of the states, especially the African American states in the south, complained of the use of violence, intimidation and sought suppression from the military (Ghiotto, 2020). After the Great Railroad Strike in 1877 in West Virginia, the senators saw the need to avoid the use of the military in policing the states, yet there were police on the ground. Furthermore, the deployment of the police was unofficial. President Rutherford signed the bill in 1878 on what became the Posse Comitatus Act. The bill came towards the end of reconstruction and restoration of power to the confederate states. The southern states that the white democratic parties were dominantly ruling were receiving less support from the federal government, and the best way for the senators to help was to restore their power and be responsible for their own elections. The issue remains important in the 21st century due to increased violence and diversity among the states in which the state government can be responsible for such issues at this level.

Outline

Posse Comitatus Act

  • The act was passed by the congressmen and senators of former states after the heated 1876 election that also compromised up to the following year in 1877
  • The states are responsible for holding elections responsibly, prosecuting unlawful actions during the elections, and being accountable for carrying out elections orderly
  • After the Great Railroad Strike in 1877 in West Virginia, the senators saw the need to avoid the use of the military in policing the states, yet there were police on the ground. Furthermore, the deployment of the police was unofficial.
  • The issue remains important in the 21st century due to increased violence and diversity among the states in which the state government can be responsible for such issues at this level.

Reference List:

 

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