Americas top soldier General Milley had 'shouting match' with Trump

LTC Jason Mackay I commented on Posse Comitatus before, but the historical reason for Posse Comitatus was to keep the Federal Government from using troops to enforce the 13th, 14th and 15th Amendments. The "abuses" of the Federal Troop was protecting the new freeds slaves civil rights. That's the real context that one needs when looking at Posse Comitatus. Instead of Syria, it cost us almost 100 years of Jim Crow in the South.

And the a General was out of his lane. The Insurrection Act of 1807 is a United States federal law (10 U.S.C. §§ 251–255; prior to 2016, 10 U.S.C. §§ 331–335; amended 2006, 2007) that empowers the President of the United States to deploy U.S. military and federalized National Guard troops within the United States in particular circumstances, such as to suppress civil disorder, insurrection and rebellion.

CPT Lawrence Cable - that may Be the origin but the way it has been applied since is pretty clear. Active duty forces except for the USCG under Title 14 do not enforce law. This is echoed in Title 10:

10 U.S.C. § 275. Restriction on direct participation by military personnel 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

The exception is the Insurrection Act and it is narrowly applied. They teach this at the Defense Support of Civil Authorities Course.

Law enforcement is left to police and the ARNG under SAD IAW state law.

LTC Jason Mackay - I started in the same schools as these Generals and I know how the regulation reads. It just that they are portraying Posse Comitatus as legislation designed to keep the military from usurping the Constitution when in fact that it was designed to keep the Federal Government from enforcing the Constitution at State level with federal forces. It was not legislation that was aimed at preserving Civil Liberties.