Reports from the Empire State indicate that the National Guard is assisting local law enforcement in Albany, that state's capital city, to search and seize weapons from citizens — an apparent violation of the Fourth Amendment and the Posse Comitatus Act.

The unique charter of the National Guard creates a force that is a "joint reserve component of the United States Army" and therefore it is proscribed from exercising police power (the exclusive province of the state and the municipalities thereof) except under the very limited circumstances set forth in the Constitution and the Posse Comitatus Act.

As with any act of Congress, the Posse Comitatus Act may be repealed by subsequent act of Congress. In the case of the Posse Comitatus Act, the John Warner National Defense Authorization Act of 2007, signed into law by President George W. Bush on October 17, 2006, amended the law by adding the following language: "The President may employ the armed forces to restore public order in any State of the United States the President determines hinders the execution of laws or deprives the people of a right, privilege, immunity, or protection named in the Constitution and secured by law or opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws."

Fortunately for our Republic and the rule of law that has kept us free, the sweeping changes made by the Warner Act were completely repealed by passage of the National Defense Authorization Act for Fiscal Year 2008. Accordingly, the present state of the applicable law governing the use of federal troops in matters of domestic law enforcement is the Insurrection Act of 1807.

According to the text of that statute, the national government may mobilize the federal army only if the "constituted authorities of that State are unable, fail, or refuse to protect that right, privilege or immunity, or to give that protection...."

Although there is no evidence that the duly empowered law enforcement officers of the state of New York or the city of Albany are failing to protect the rights of citizens, the National Guard has deployed, claiming that the "war on drugs" has overtaxed the resources of local police and that the extra help is necessary to keep the peace.

Local news station Fox 23 ran a story earlier in the week showing video of police and guardsmen using military x-ray technology to scan vehicles for weapons in violation of the Second and Fourth Amendments to the Constitution.

The Second Amendment states that the "right of the people to keep and bear Arms, shall not be infringed."

The Fourth Amendment protects the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Furthermore, that right "shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The video showed by Fox 23 seems to show federal troops and local law enforcement searching vehicles and seizing firearms without the requisite probable cause and specificity of the scope of the search and the items to be seized.

The technology being used in New York in open violation of the Posse Comitatus Act and the Bill of Rights is called "ionization swabbing" and it enables the troops and police to "find drugs or weapons" hidden inside cars by passing the device underneath the car. The surveillance video played on the broadcast shows a checkpoint set up with a sign warning to cars to slow down as an "under vehicle inspection" is being conducted.

Fox 23 reports that "The New York National Guard's counter-drug task force [is] providing not only the people but the equipment law enforcement may need to make drug arrests and seizures." Such seizures include marijuana and guns.

Similarly media accounts of the unlawful collaboration of the National Guard and police report that the National Guard is employing helicopters to assist police in "tracking and finding illegal growing operations." There is no applicable exception to the Posse Comitatus Act that authorizes the exercise of such power by an arm of the federal government, regardless of the complicity of local law enforcement.

As The New American has documented recently, the President has authorized NORTHCOM troops to carry out tasks legally and traditionally assumed by local law enforcement. Such activities include setting up and manning security checkpoints to handle "civil unrest and crowd control."

These actions and other similar deployments of federal troops in the towns of the United States are slowly acclimating the American people to accepting and disregarding the presence of armed soldiers on their streets. This example of incrementalism is alarming and will eventually inure the citizens of this Republic to the gradual alienation of their constitutional rights and the illegal role played by the U.S. military in the depriving thereof.

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OneIssue said:

One Issue One point to make- has the national guard units doing the searches been federalized or called up by the Army? If not, they are state militas and Posse Comitatus does not apply. However, the provisions of unreasonable search and seizure do apply as does the recent ruling of the supreme court to firearm possession.

July 08, 2010

MHump said:

... What “reports?” The ridiculously uninformed blogger “Americans4Truth,” on “My Auburn,” from whom you stole this story? Read your Constitution and Posse Comitatus before you quote it incorrectly. The National Guard is a STATE force and therefore not subject to Posse Comitatus. They ARE authorized to conduct law enforcement duties within their state on the orders of that state’s governor, OR in neighboring states where interstate memorandums of agreement have been signed by state leaders to support each other in times of emergency. Active duty and Reserve are Title 10 of U.S. Code and subject to Posse Comitatus and constitutional restrictions. Get it right!

July 09, 2010

Jeffrey Lamb said:

... @mhump. So what are you, some troll, NWO fan, Liberal, enemy of righteousness. Apparently your opposed to the Constitution. You would rather support the convoluted laws that are in opposition to the Constitution. People like you are the problem with Country today. The Founding Fathers left England and put the Constitution into place to protect us from this kind of treatment. They had enough of it. Why would you want to be put under these oppressive laws. If you like that lifestyle, go live in Somalia or some place like it. You sir are a traitor. Leave my Country!

July 11, 2010

El said:

... Jeffery, the Posse Comitatus Act was a law introduced years after the Constitution was written. This is unfortunately not even a violation, as they are under the authority of the STATE government. It's been that way since the bill was written.

July 11, 2010

ER said:

Unlawful search It doesn't matter who is doing the searches they are illegal. There is no ban on guns, no blanket warrants for drug searches or in fact any state militia. The NG are a pseudo militia and are in fact paid by the feds. Call them what you want but the fact is they are really just part time arms of the full time services. There is no difference as to how they act or who their officers are when given orders.Political guile would have you believe they are not a federal armed force. Sip your kool aid slowly. Even the state police are an army beholden to the governor not a police force at all. They have simply usurped power from the sheriffs and now act like thugs when confronted by real elected law enforcers. This state is about as far gone as one can get and still claim to be a part of the union under the constitution. We have a king here not a governor. Get it right.

July 11, 2010

Brian912 said:

Who has authority in a state? According to SCOTUS the only ELECTED and therefore they highest law enforcement in a county is the Sheriff. Dont take my word for it http://www.law.cornell.edu/sup...8.ZO.html The use of the State/National guard to perform "police" work is a serious concern to anyone who believes in individual rights"

July 12, 2010

Mark, Wyoming said:

National Guards multiple role Th State National Guard fills multiple roles, 1 as the instate Militia, under the command of the States Govenor , and administrated under title 32 i believe, if called by the govenor , for instate use , Posse comm. is not applicable and can be used as needed , again INSTATE. The other role is as a component of the Active duty militaries , ready reserve , in which case their use is predicated by federalization , by the Commander in chief, under title 10 , in which case they do fall under the posse Comm act, and they can be deployed where ever needed in the world, the activation of a guard unit and what they do is dependant on which title they are activated under. Another thing to look into is each states individual Constitution and see what its statutes say on the composition of the state militias, some states have provisions for mor than 1 , some have provisions for both the National guard , and a State Guard, the difference is ,the state guard is not subject to federalization , and cannot be used outside of the states bounderies for anything, the caveat there is , where the National Guard is partially federally funded , the state guard is not so it is not subject to federalization, and even though a State may have a constitutional provision allowing for a state guard , does not mean that the state will fund organization , just that they hold the right to do so , at their own expense and under the exclusive command and permission of the state govenor. a little checking of the state s Constitutions and statutes will tell residents what their state has and can do .

July 14, 2010