#BundyRanchStandoff ended due to two factors: (1) We the People exercised our First and Second Amendments, and (2) the Posse Comitatus Act was at play when Sheriff Doug Gillespie ordered BLM off the Bundy land.
The Posse Comitatus Act was passed on June 18, 1878 after the end of Reconstruction. “Its intent (in concert with the Insurrection Act of 1807) was to limit the powers of Federal government in using federal military personnel to enforce the state laws.”
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.
- The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.
Your sheriff is your first line of defense against federal tyranny. Talk with your sheriff to learn how he or she would respond, if federal agencies were running roughshod over his or her constituents.
You and your neighbors are your second line of defense against tyranny.
It’s important to keep in mind that a failure of your sheriff to defend you against tyranny is a sure indication he or she is representing federal government in lieu of his or her constitutional duty. The cure: Elect a sheriff who will keep his/ oath to uphold the Constitution.
Back up plan, in the event of an ineffective sheriff, is our individual right to keep and bear arms.
You have a gun. Do you know how to use it in the defense of others? “Others?” you ask. Yes, our Texas Constitution assigns duty to protect the state and your neighbor, the person(s) close to you.
THE TEXAS CONSTITUTION, ARTICLE 1. BILL OF RIGHTS, Sec. 23. RIGHT TO KEEP AND BEAR ARMS:
“Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.”
Having authority and not using it is no better than having no authority at all.
13 April 2014