Military Law Review
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Reexamining the Posse Comitatus Act: Toward a Right to Civil Law Enforcement
Reexamining the Posse Comitatus Act: Toward a Right to Civil Law Enforcement Sean J. Kealyt Safety from external danger is the most powerful director of national conduct. Even the ardent love of liberty will, after a time, give way to its dictates. The violent destruction of life and property incident to war, the continual effort and alarm attendant on a state of continual danger, will compel nations the most attached to liberty to resort for repose and security to institutions which have a tendency to destroy their civil and political rights. To be more safe, they at length become willing to run the risk of being less free. -Alexander Hamilton1 INTRODUCTION On an early March day, several hundred protestors marched up Washington Street in Boston. The demonstration started in the Roxbury neighborhood and was to pass through Downtown Crossing,past monuments of the American Revolution like the Old South Meeting House and the Old State House, to historic Faneuil Hall. At the head of the predominately minority crowd walked the Reverend Ignatius Waters. A decade and a half earlier, Reverend Waters was a key figure in establishingthe highly successful community-policing program in Boston. That, however, was before weapons-grade anthrax was released in the Washington, D. C. Metro system and before car bombs simultaneously exploded at the headquartersof five major corporations in Dallas, Atlanta, Chicago, Seattle, and Boston. Those acts of terrorprompted Congress to pass the "Freedom and Policing Act of 2004," which removed any legal obstacles to deploying the military domestically and mandated that a reluctant Pentagon become fully involved in law enforcement activities. -
Philadelphia, the Indispensable City of the American Founding the FPRI Ginsburg—Satell Lecture 2020 Colonial Philadelphia
Philadelphia, the Indispensable City of the American Founding The FPRI Ginsburg—Satell Lecture 2020 Colonial Philadelphia Though its population was only 35,000 to 40,000 around 1776 Philadelphia was the largest city in North America and the second-largest English- speaking city in the world! Its harbor and central location made it a natural crossroads for the 13 British colonies. Its population was also unusually diverse, since the original Quaker colonists had become a dwindling minority among other English, Scottish, and Welsh inhabitants, a large admixture of Germans, plus French Huguenots, Dutchmen, and Sephardic Jews. But Beware of Prolepsis! Despite the city’s key position its centrality to the American Revolution was by no means inevitable. For that matter, American independence itself was by no means inevitable. For instance, William Penn (above) and Benjamin Franklin (below) were both ardent imperial patriots. We learned of Franklin’s loyalty to King George III last time…. Benjamin Franklin … … and the Crisis of the British Empire The FPRI Ginsburg-Satell Lecture 2019 The First Continental Congress met at Carpenters Hall in Philadelphia where representatives of 12 of the colonies met to protest Parliament’s Coercive Acts, deemed “Intolerable” by Americans. But Congress (narrowly) rejected the Galloway Plan under which Americans would form their own legislature and tax themselves on behalf of the British crown. Hence, “no taxation without representation” wasn’t really the issue. WHAT IF… The Redcoats had won the Battle of Bunker Hill (left)? The Continental Army had not escaped capture on Long Island (right)? Washington had been shot at the Battle of Brandywine (left)? Or dared not undertake the risky Yorktown campaign (right)? Why did King Charles II grant William Penn a charter for a New World colony nearly as large as England itself? Nobody knows, but his intention was to found a Quaker colony dedicated to peace, religious toleration, and prosperity. -
USA Wins 33Rd America's Cup Match
Volume XXI No. 2 April/May 2010 USAUSA winswins 33rd33rd America’sAmerica’s CupCup MatchMatch BMW ORACLE Racing Team’s revolutionary wing sail powered trimaran USA Over 500 New and Used Boats Call for 2010 Dockage MARINA & SHIP’S STORE Downtown Bayfield Seasonal & Guest Dockage, Nautical Gifts, Clothing, Boating Supplies, Parts & Service 715-779-5661 apostleislandsmarina.net 2 Visit Northern Breezes Online @ www.sailingbreezes.com - April/May 2010 New New VELOCITEK On site INSTRUMENTS Sail repair IN STOCK AT Quick, quality DISCOUNT service PRICES Do it Seven Seas is now part of Shorewood Marina • Same location on Lake Minnetonka • Same great service, rigging, hardware, cordage, paint Lake Minnetonka’s • Inside boat hoist up to 27 feet—working on boats all winter Premier Sailboat Marina • New products—Blue Storm inflatable & Stohlquist PFD’s, Rob Line high-tech rope Now Reserving Slips for Spring Hours Mon & Wed Open House the 2010 Sailing Season! 9-7 Tues-Thur-Fri Saturday 8-5 April 10th Sat 9-3 Free food Closed Sundays Open House April 10th Are You Ready for Summer? 600 West Lake St., Excelsior, MN 55331 Just ½ mile north of Hwy 7 on Co. Rd. 19 952-474-0600 952-470-0099 [email protected] www.shorewoodyachtclub.com S A I L I N G S C H O O L Safe, fun, learning Learn to sail on Three Metro Lakes; Also Leech Lake, MN; Pewaukee Lake, WI; School of Lake Superior, Apostle Islands, Bayfield, WI; Lake Michigan; Caribbean Islands the Year On-the-water courses weekends, week days, evenings starting May: Gold Standard • Basic Small Boat -
Crackdown: the Emerging Drug Exception to the Bill of Rights, 38 Hastings L.J
Hastings Law Journal Volume 38 | Issue 5 Article 5 1-1987 Crackdown: The meE rging Drug Exception to the Bill of Rights Steven Wisotsky Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Steven Wisotsky, Crackdown: The Emerging Drug Exception to the Bill of Rights, 38 Hastings L.J. 889 (1987). Available at: https://repository.uchastings.edu/hastings_law_journal/vol38/iss5/5 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. Crackdown: The Emerging "Drug Exception" to the Bill of Rights by STEVEN WISOTSKY* [T]he history of the narcotics legislation in this country "reveals the determination of Congress to turn the screw of the criminal ma- chinery-detection, prosecution and punishment-tighter and tighter."' We don't2 need [a search warrant]. We work in the drug department. Nineteen eighty-seven, the bicentennial of the Constitution, provides an appropriate occasion to examine the condition and direction of consti- tutional rights in the United States. The framers of the Constitution, animated by the spirit of William Pitt's dictum that "[u]nlimited power is apt to corrupt the minds of those who possess it,"3 carefully parcelled out governmental power and controlled its exercise. After ratification in 1787, this central constitutional preoccupation with limiting governmen- tal power manifested itself in the call for adoption of a Bill of Rights. Disregarding the enigmatic, perhaps tautological ninth and tenth amend- ments, the core of the Bill of Rights is a code of criminal procedure designed to ensure fair treatment and make it difficult for the government to secure a criminal conviction. -
Process Dangers of Military Involvement in Civil Law Enforcement: Rectifying the Posse Comitatus Act
\\server05\productn\N\NYL\9-1\NYL101.txt unknown Seq: 1 23-MAR-06 9:42 PROCESS DANGERS OF MILITARY INVOLVEMENT IN CIVIL LAW ENFORCEMENT: RECTIFYING THE POSSE COMITATUS ACT Linda J. Demaine * Brian Rosen** I. Introduction ......................................... 169 R II. The Posse Comitatus Act ............................ 173 R A. Service Components Governed by the PCA ....... 174 R 1. Army, Air Force, Navy, and Marine Corps . 174 R 2. Service Reserves ............................ 176 R 3. National Guard ............................. 176 R 4. Coast Guard ................................ 177 R 5. Military Personnel Detailed to a Civilian Agency ..................................... 178 R 6. DoD Civilian Employees .................... 179 R 7. Use of the Term “Military” .................. 180 R B. Activities Prohibited by the PCA................. 180 R 1. Situational Context: Homeland Defense Versus Civil Response .............................. 182 R 2. Within the Civil Response Realm: Determining What Military Activities Constitute Law Enforcement ................. 185 R a. The Three Judicially Derived Tests ...... 185 R b. Non-Law Enforcement Activities Authorized by Congress ................. 188 R c. “Willful” Use of the Military to Execute the Law ................................ 189 R * Associate Professor of Law, Arizona State University; Ph.D. 1999, Arizona State University; J.D. 1993, University of Arizona. ** Doctoral Fellow, Pardee-RAND Graduate School; J.D. 1997, Emory Univer- sity. The authors thank the following individuals for their comments on drafts of this Article: John K. Setear, Suzanne E. Spaulding, John E. Peters, Michael Hynes, Eric V. Larson, and Aaron X. Fellmeth. The authors thank Beth DiFelice for her excellent research assistance. 167 \\server05\productn\N\NYL\9-1\NYL101.txt unknown Seq: 2 23-MAR-06 9:42 168 LEGISLATION AND PUBLIC POLICY [Vol. -
George Henry Thomas (July 31, 1816 – March 28, 1870)
George Henry Thomas (July 31, 1816 – March 28, 1870) "Rock of Chickamauga" "Sledge of Nashville" "Slow Trot Thomas" The City of Fort Thomas was named in honor of Major General George Henry Thomas, who ranks among the top Union Generals of the American Civil War. He was born of Welsh/English and French parents in Virginia on July 31, 1816, and was educated at Southampton Academy. Prior to his military service Thomas studied law and worked as a law deputy for his uncle, James Rochelle, the Clerk of the County Court before he received an appointment to West Point in 1836. He graduated 12th in his class of 42 in 1840 which William T. Sherman was a classmate. After receiving his commission as a 2nd Lieutenant in the 3rd Artillery Unit, he served the Army well for the next 30 years. He was made 1st Lieutenant for action against the Indians in Florida for his gallantry in action. In the Mexican War, he served under Braxton Bragg in the Artillery and was twice cited for gallantry—once at Monterey and the other at Buena Vista. From 1851-1854 was an instructor of artillery and cavalry at West Point, where he was promoted to Captain. Following his service at Ft. Yuma in the West, he became a Major and joined the 2nd Cavalry at Jefferson Barracks. The Colonel there was Albert Sidney Johnston and Robert E. Lee was the Lt. Colonel. Other officers in this regiment who were to become famous as Generals were George Stoneman, for the Union, and for the CSA, John B. -
Gen. George H. Thomas
Gen. George H. Thomas CHIEF CONSERVATOR OF THE UNION AND VICTIM OF GROSS HISTORICAL INJUSTICE (A Compendium Of Sources in Support Of The Argument) Robert N. Meiser Copyright © 2009 by Robert N. Meiser All rights reserved. Published in the United States of America by Robert N. Meiser 8700 Lothbury Court Fairfax VA 22031 Tel.: 703 560-5032 Email: [email protected] Library of Congress Control Number: 2008909604 This Compilation was originally published under the same title in 2003 on the internet. at AOTC.net. Cover Design by the author. ii ACKNOWLEDGMENTS I wish to acknowledge and thank Bob Redman for having read this Compilation and offered valuable comments and suggestions. Full responsibility for the contents nonetheless remains mine. I wish also to express my supreme admiration for the many scholars who have made this work possible. As noted, George Thomas placed trust in history to judge him fairly. Broadly speaking, history has thus far failed to discharge that trust. When it finally gets around to doing so, the scholars whose work has been compiled herein will have been the torch-bearers in that fine work, and it will have been their labors which will have contributed mightily. R.N.M. iii Table Of Contents BUT FOR THE SUCCESSFUL ATLANTA CAMPAIGN IT IS FAR FROM CERTAIN THAT THE UNION WOULD HAVE BEEN PRESERVED -------------------------------------------- 3 GEORGE THOMAS WAS THE PRINCIPAL FORCE BEHIND 3 THE SUCCESSFUL ATLANTA CAMPAIGN -------- 4 The Recorded, Undisputed Facts Of History ------------------- 4 4 The Testaments Of Scholars --------------------------------------- 21 4 The Nashville Experience After the Atlanta Campaign ------ 27 21 The Invalidity Of The Popular Counter Record 27 (with an explanation of the extent it was falsified, how it was falsified, and why) --------------------------- 33 v 33 33 PREFACE This compilation was first published on the internet in 2003. -
George Henry Thomas Was Appointed a Major General in the Regular Army
George Henry Thomas was appointed a major general in the During the Civil War, Rufus Ingalls was appointed a brevet major regular army and received a formal “Thanks of Congress” for his general in both the regular and volunteer Union forces. success in driving Confederate forces from Tennessee in 1864. (Library of Congress) (Library of Congress) P. G. T. (Pierre Gustave Toutant) Beauregard was one of only William Clarke Quantrill, in Confederate uniform, was not only seven “full” generals in the Confederate Army. a notorious Civil War guerrilla but a former civilian teamster, (National Archives) gambler, and camp cook with the Utah Expedition. (Kansas Historical Society.) APPENDIX A William P. MacKinnon ROOTED IN UTAH Civil War Strategy and Tactics, Generals and Guerrillas n addition to chapter 1, another way to illus- officers—Thomas and Ingalls—displayed Itrate the connection between the Utah and some nervousness over the “irregular” nature Civil Wars (and the impact of the former on of their communications; the more flamboy- the latter) is to probe the extent to which three ant Beauregard was unabashedly assertive. very prominent West Point–trained Civil War It may be helpful to provide a brief biogra- generals had earlier tried to influence pros- phy for each of these three officers, though it ecution of the Utah campaign. They did so will not do justice to their distinguished and by gratuitously sending long memos to their varied service careers. General George Henry military superiors or, in one case, to influen- Thomas (July 31, 1816–March 28, 1870) was tial politicians. These documents contained one of the Union army’s principal command- information about alternate approaches to the ers in the Western Theater and won Union Great Basin accompanied by strategic recom- victories across Kentucky and Tennessee. -
Bright Starry Banner: a Novel of the Civil War
Civil War Book Review Summer 2004 Article 14 Bright Starry Banner: A Novel of the Civil War John Benson Follow this and additional works at: https://digitalcommons.lsu.edu/cwbr Recommended Citation Benson, John (2004) "Bright Starry Banner: A Novel of the Civil War," Civil War Book Review: Vol. 6 : Iss. 3 . Available at: https://digitalcommons.lsu.edu/cwbr/vol6/iss3/14 Benson: Bright Starry Banner: A Novel of the Civil War Review Benson, John Summer 2004 Carter, Alden R. Bright Starry Banner: A Novel of the Civil War. Soho Press, Inc., $27.00 ISBN 1569473552 Way out west Battle of Stone's River retold Civil War history and fiction are rarely combined with any success. Alden R. Carter, attempts to venture where few have triumphed in Bright and Starry Banner and meets the same fate as countless other authors. Set in the shadows of the Stones River Campaign, Carter takes the reader into the minds of the Union and Confederate leaders who fought for victory in the west. Carter's principle character is Lieutenant Colonel Julius Garesche, the 41 year old chief of staff of the Union Army of the Cumberland, who begins the story with reluctant hopes as he begins service on the staff of Major General William S. Rosecrans, the army's newly appointed leader. Gradually we follow Garesche as he bears witness to a seesaw battle that develops into a stalemate, and with it, the continuing struggle. The Battle of Stones River, was fought around the Widow Smith House in Murfreesboro Tennessee from December 31, 1862 to January 2, 1863. -
201-250-The-Constitution.Pdf
Note Cards 201. Newburgh Conspiracy The officers of the Continental Army had long gone without pay, and they met in Newburgh, New York to address Congress about their pay. Unfortunately, the American government had little money after the Revolutionary War. They also considered staging a coup and seizing control of the new government, but the plotting ceased when George Washington refused to support the plan. 202. Articles of Confederation: powers, weaknesses, successes The Articles of Confederation delegated most of the powers (the power to tax, to regulate trade, and to draft troops) to the individual states, but left the federal government power over war, foreign policy, and issuing money. The Articles’ weakness was that they gave the federal government so little power that it couldn’t keep the country united. The Articles’ only major success was that they settled western land claims with the Northwest Ordinance. The Articles were abandoned for the Constitution. 203. Constitution The document which established the present federal government of the United States and outlined its powers. It can be changed through amendments. 204. Constitution: Preamble "We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America." 205. Constitution: Legislature One of the three branches of government, the legislature makes laws. There are two parts to the legislature: the House of Representatives and the Senate. -
Topic Key Foci Suggested Tasks/ Homework Information the Political
Topic Key Foci Suggested Tasks/ Homework Information The Political Nation and the social What was the Political Nation? Mind map THE POLITICAL NATION: The Pages 1-8 basis of power Social basis of power Monarch, Basis of Power, Political Importance of land ownership and rival forms of Nation Revision Guide Page 6 wealth James I and Charles I: character, Characters of James and Charles Produce a table showing the Pages 9-16 court and favourites Shape and style of monarchies- each monarchs views differences in James and Charles’ view Favourites especially Buckingham on monarchy Revision Guide Pages 7-9 19. Crown and Political Nation, 1604-1640 The finances of the Crown and Financial weaknesses of the Crown- causes Construct a timeline from 1603-1629 Pages 17-26 attempts at reform Attempts to reform and strengthen royal finances that shows all attempts by both kings during James’ reign to reform and improve crown finances- Revision Guide Pages 10-13 Great Contract colour code successes in green and Attempts to reform and strengthen royal finances failures in red during Charles reign Forced Loan Religion and religious divisions Challenges to James’ church from Catholics Mind map JAMES I AND RELIGION: Pages 27-36 Challenges to James’ church from Puritans Puritans, Scottish Kirk, Catholics Hampton Court Conference Revision Guide Pages 14-17 Bancroft’s Canons Mind map RELIGIOUS ISSUES UNDER Development of Arminianism CHARLES: Charles’ religious views, 18. Street Wars of Religion: Puritans and Charles’ favouring of Arminianism -
The English Civil Wars a Beginner’S Guide
The English Civil Wars A Beginner’s Guide Patrick Little A Oneworld Paperback Original Published in North America, Great Britain and Australia by Oneworld Publications, 2014 Copyright © Patrick Little 2014 The moral right of Patrick Little to be identified as the Author of this work has been asserted by him/her in accordance with the Copyright, Designs and Patents Act 1988 All rights reserved Copyright under Berne Convention A CIP record for this title is available from the British Library ISBN 9781780743318 eISBN 9781780743325 Typeset by Siliconchips Services Ltd, UK Printed and bound in Denmark by Nørhaven A/S Oneworld Publications 10 Bloomsbury Street London WC1B 3SR England Stay up to date with the latest books, special offers, and exclusive content from Oneworld with our monthly newsletter Sign up on our website www.oneworld-publications.com Contents Preface vii Map of the English Civil Wars, 1642–51 ix 1 The outbreak of war 1 2 ‘This war without an enemy’: the first civil war, 1642–6 17 3 The search for settlement, 1646–9 34 4 The commonwealth, 1649–51 48 5 The armies 66 6 The generals 82 7 Politics 98 8 Religion 113 9 War and society 126 10 Legacy 141 Timeline 150 Further reading 153 Index 157 Preface In writing this book, I had two primary aims. The first was to produce a concise, accessible account of the conflicts collectively known as the English Civil Wars. The second was to try to give the reader some idea of what it was like to live through that trau- matic episode.