LAW 313 - 10/6/25 - Legal Concept: Posse Comitatus Act Class Notes

Class Schedule Changes

  • No Class on Monday, October 13

    • Tuesday, October 14 will follow a Monday class schedule.

  • Class on Friday, October 25

    • Class will follow Monday's schedule, hence held on Friday, October 24.

    • Calendar discrepancies noted; calendar created by CUNY

    • Instructor humorously claims they weren't responsible for scheduling.

Legal Concept: Posse Comitatus Act

  • Introduction to the Act

    • Definition: The Posse Comitatus Act prohibits the use of military personnel for domestic law enforcement.

    • Enforcement Authority: Military deployment in law enforcement must be authorized by the Constitution or Congress.

    • Applies to:

    • Army

    • Navy

    • Marine Corps

    • Air Force

    • Space Force.

  • Exceptions:

    • National Guard's role is somewhat ambiguous; typically goes under state control unless federally mobilized.

    • Federal troops such as Coast Guard are under federal jurisdiction; can be involved in law enforcement under certain conditions.

Discussion on Military Involvement in Law Enforcement

  • Context of Discussion: Recent military involvement in local law enforcement actions raised legal concerns.

  • Student Reactions: Class members express discomfort with federal troops patrolling cities.

  • Concerns about Government Power:

    • Discussion revolves around balancing federal authority with local law enforcement duties.

    • Reflection on law enforcement community sentiments; fear of undermining local leads.

  • Historical Reference:

    • Comparisons drawn with authoritarian regimes and potential threats to democracy.

Insurrection Act of 1807 Reference

  • Student Inquiry on Insurrection Definition:

    • Insurrection defined: An act of rebellion against the authority of a state; violence against governmental institutions.

  • Discussion of January Events: Links drawn between current situations classified as insurrections and historical contexts, such as the Civil War.

Historical Case Study: Kent State Incident

  • Reference Event: 1970 Kent State shootings involving National Guard dispersing protesters.

    • Students' discussion on ramifications of federal military on civilian populations.

    • Cautions regarding excessive governmental control leading to injury or death of civilians.

Analysis of Congress and Presidential Power

  • Congressional Gridlock:

    • Discussion on the reluctance of Congress members to challenge Presidential authority due to fear of electoral repercussions.

  • Historical Perspective:

    • The speaker shares their experience and insights into various administrations over decades.

    • Stresses significant issues regarding checks and balances in contemporary governance.

Importance of Voting

  • Call to Action for Young People:

    • Emphasis on participation in elections; youth voter turnout indicated to be low.

    • Voting being a crucial tool for impacting policies that shape their futures.

Chapter on Racial Equality Campaign (1910-1956)

  • Context of Discussion: Transitioning to discussions on racial equality in American history.

Scottsboro Boys Case (1932)

  • Overview:

    • Nine African American youths accused of raping two white women in Alabama.

    • Notable for numerous legal injustices including denial of adequate legal counsel and racial disparities in jury representation.

  • Constitutional Violations:

    • Lack of immediate attorney representation.

    • Ineffective assistance of counsel; defense lawyers lacked criminal trial experience.

  • Legal Outcomes:

    • Death penalties imposed and subsequently overturned due to constitutional protections.

    • Resulting notable cases include Powell v. Alabama (1932) and Norris v. Alabama (1935), highlighting exclusion of black jurors from trials.

Impact of Jury Selection on Justice

  • Description of Jury Selection Process:

    • Distinction between peremptory strikes versus cause at jury selection.

  • Recognition of Racial Bias:

    • Historical patterns of racial exclusion emphasized in various legal rulings, notably Batson v. Kentucky (1986).

Historical Treatment of Japanese Americans during WWII

  • Executive Order 9066:

    • Explanation of forced internment of Japanese Americans as a result of wartime fears.

  • Legal Cases:

    • Korematsu v. United States (1944) and Hirabayashi v. United States (1943) challenged the legality of internment camps, showcasing racial discrimination in the name of national security.

Modern Discussions on Affirmative Action

  • Debate on Affirmative Action:

    • Current legal tendencies leaning towards reversing affirmative action efforts in higher education, sparking discussions about race, equity, and legal obligations.

  • Mentions of Key Historical Cases:

    • Missouri v. Gaines (1938) and Sweatt v. Painter (1950) addressing equal protections in education for minority groups.

Conclusion and Next Steps:

  • Transition to the next chapter assignment covering racial injustice and equality in education.