Crossposted from my Blog,The Wild Wild Left
Posse Comitatus: The Act prohibits most members of the federal uniformed services (today the Army, Air Force, and State National Guard forces when such are called into federal service) from exercising nominally state law enforcement, police, or peace officer powers that maintain “law and order” on non-federal property (states and their counties and municipal divisions) within the United States.
The statute generally prohibits federal military personnel and units of the National Guard under federal authority from acting in a law enforcement capacity within the United States, except where expressly authorized by the Constitution or Congress.
When Herr Bush tried to force Louisiana to hand control of their National Guard as hostage for Federal assistance and they said “No,” the PTB were enraged at being thwarted. Another way needed to be found. You see, legally, nowhere does it say “except where expressly authorized by the President.”
So, Herr Change, continuing the non-change of the Unitary Executive created a loophole. Having the brightest mind at the helm backfires, when that mind is in service for the very forces that oppress us.
Enter Executive Order 13528.
If the President cannot command the use of State Guards, he could always create a body of Governors to do so for him.