HLSS302 WEEK 7 DISCUSSION

Discussion Post: Discussion Questions: Provide a brief overview of the roles of the following entities as they relate to homeland security.

Department of Defense, in particular US Northern Command (NORTHCOM).

National Guard

Offer a full explanation regarding Posse Comitatus Act, as well as the manner in which it impacts the use of homeland defense assets in supporting homeland security activities?

• Response #1 (steven): Greetings Professor and Class,
• The Department of Defense (DoD), notably the US Northern Command (NORTHCOM), plays a crucial role in homeland security by providing military support for domestic defense operations. NORTHCOM is responsible for coordinating military efforts to protect the United States and its territories against threats and providing support during emergencies, including natural disasters and terrorist attacks (DoD, n.d.). It collaborates closely with federal, state, and local agencies to ensure a unified response to homeland security challenges.

The National Guard also plays a significant role in homeland security. While under the control of state governors during peacetime, the National Guard can be federalized by the President of the United States to support military operations or respond to domestic emergencies. The National Guard frequently provides assistance during natural disasters, civil disturbances, and other homeland security missions, serving as a vital link between federal military forces and local communities (National Guard Bureau, n.d.).

The Posse Comitatus Act, enacted in 1878, restricts the use of federal military personnel in civilian law enforcement activities within the United States. The act prohibits the military from engaging in law enforcement activities unless expressly authorized by Congress or the Constitution. While the Posse Comitatus Act does not apply to the National Guard when it operates under state control, it does constrain the use of federal military assets, including active-duty troops, for domestic law enforcement purposes (Department of Defense, 2006). We’ve seen this in Texas very recently.

The Posse Comitatus Act impacts the use of homeland defense assets in supporting homeland security activities by establishing a clear separation between military and law enforcement functions. This separation safeguards civil liberties and prevents the militarization of domestic law enforcement. However, it also presents challenges in coordinating military support for homeland security operations, requiring careful coordination and adherence to legal requirements to ensure effective collaboration between military and civilian agencies.

Response #2 (Dylan): In the context of homeland security, the DOD plays a critical role in national security through defense support of civil authorities. When resources needed are greater than resources on hand, civil authorities may elect to call on the DOD for assistance on several domestic issues such as law enforcement support, border security, and response to natural disasters.

           NORTHCOM is one of the unified combatant commands of the United States military under the DOD. It is responsible for defending the United States within its homeland, including coordinating military assistance to civil authorities in response to natural or man-made disasters and threats. NORTHCOM collaborates closely with federal, state, and local agencies. An interesting operation that falls within NORTHCOM’s responsibility is Operation NOBLE EAGLE. NOBLE EAGLE’s primary focus is on U.S. and Canadian aerospace control. This Operation, prior to 9/11, focused more on looking outwards for threats to the United States’ Airspace. Since 9/11, the operation began looking more inward to threats that could originate within the United States. Multiple missions have been executed under Operation NOBLE EAGLE. From intercepting foreign aircraft entering American air defense identification zones (ADIZ) to escorting aircraft through temporary flight restrictions (TFR), American airspace has been made safer by NORTHCOM’s efforts since 9/11.

            The National Guard plays a crucial role in homeland security by providing a flexible and responsive force that can rapidly deploy to assist in a wide range of domestic missions, from disaster relief to counterterrorism efforts. One noteworthy aspect of the National Guard is that they may be called upon by their respective state governors to respond to civil disturbances. Under a disaster declaration in Texas, National Guardsmen were activated by Governor Abbott to assist in border security activities under Operation Lone Star. The National Guard was also called upon for support in Washington D.C. during the events that occurred on January 6th, 2021. The National Guard’s activities in homeland security and defense operations are extensive.

             The primary purpose of the Posse Comitatus Act is to limit the federal government’s power to use the military for domestic law enforcement, thereby preserving civilian control over law enforcement and preventing the military from interfering in domestic affairs. While support to civilian authorities is acceptable by means of logistical assistance, training, intelligence sharing, and providing equipment, things such as arrests, searches, and seizures are off the table for military personnel under the Posse Comitatus Act. However, The President of the United States can invoke the Insurrection Act, which allows the use of federal military forces to suppress domestic insurrections, rebellions, or other violent disturbances.

References:

Hernandez, E. (2022, March 30). What is Operation Lone Star? Gov. Greg Abbott’s controversial border mission, explained. The Texas Tribune. https://www.texastribune.org/2022/03/30/operation-…

?Operation Noble Eagle (ONE). (n.d.). North American Aerospace Defense Command. https://www.norad.mil/Newsroom/Fact-Sheets/Article…