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City Considers Implementing Martial Law To Clean Up
Policing
National Guard touted as transitional replacement for
overly corrupt police force
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 A
New York State city is considering implementing martial law
and replacing the local police force with National Guardsmen,
in an effort to clean up law enforcement in the area.
The remarkable idea comes in response to a rise
in police corruption and illegal activity in Schenectady, according
to a Capital
News 9 report.
City officials are reportedly considering scrapping
the entire police force in response to the actions of a small
selection of officers who have been accused of assaulting citizens.
While other options have been raised, such as
a consolidated county-wide police force diverting authority
to the State Police, Mayor Brian Stratton has indicated that
he believes the Governor could declare martial law during a
period of "transition".
"It may be that as a stopgap measure, that
you would need military forces - State Police, National Guard."
the Mayor said.
"It's a contrived scenario," said the
mayor. "But it's not beyond the realm of possibilities
if you go that particular route."
Schenectady's Corporation Counsel John Van Norden
said, "If you abolish the police department you still have
a need - not an obligation - but a need to police the community.
You would need something in transition. Declaring martial law
would be one way to bridge the gap."
Watch a Capital News 9 video report on the story
here.
(Article continues below)
It is a well documented fact that the use of military
for law enforcement violates
the Posse Comitatus Act.
Section 1385 of the Act states, "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 original text of the Insurrection
Act of 1807 also severely limits the power of any
federal or state representative to deploy troops within the
United States.
For troops to be deployed, a condition has to exist that, "(1)
So hinders the execution of the laws of that State, and of the
United States within the State, that any part or class of its
people is deprived of a right, privilege, immunity, or protection
named in the Constitution and secured by law, and the constituted
authorities of that State are unable, fail, or refuse to protect
that right, privilege, or immunity, or to give that protection;
or (2) opposes or obstructs the execution of the laws of the
United States or impedes the course of justice under those laws.
In any situation covered by clause (1), the State shall be considered
to have denied the equal protection of the laws secured by the
Constitution."
Only in times of major disaster or emergency,
do governors have the authority to call out the state's contingent
of the National Guard. Using active duty U.S. Army in law enforcement
operations inside America absent such conditions is completely
illegal.
The indiscretions of five or six Schenectady police
officers hardly constitutes such a major emergency, particularly
given that the police forces of major cities such as New York
and L.A. are mired in corruption to a degree hundreds or thousands
of times more pressing than that of Schenectady.
Schenectady officials are expected to make a decision
on what course of action to take in early April. In the meantime,
readers may wish to remind the Mayor’s
Office of these facts.
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