302 WK2 RPLY

Please respond to THE FOLLOWING students. Responses should be a minimum of 160 words,FOR EACH STUDENT and include direct questions. Forum posts are graded on timeliness, relevance, knowledge of the weekly readings, and the quality of original ideas. Sources utilized to support answers are to be cited in accordance with the APA writing style by providing a general parenthetical citation (reference the author, year and page number) within your post. Refer to grading rubric for additional details concerning grading criteria.

Responses Due: Sunday, by 11:55pm, ET 

Student # 1

The department of defense hasn't had a real role in reference to Homeland security  because all they have been doing is supporting them with everything they need to get the job done. If the Department of defense can not reach the homeland tragedy in time then they call upon the national guard to fill in for the time being until they can get there with support. According to the defense science board " In the wake of the events of September 11, 2001, the role of the Department of Defense in domestic emergency preparedness and response is under scrutiny. Ever since President Carter established the Federal Emergency Management Agency (FEMA) in 1978, the Defense Department has considered its domestic emergency response role to be one of providing support or assistance to civil authority." (DOD, pg 32). This means that the DOD as only been in supporting role since the creation of the FEMA organization.

The National Guard is the leading military agency in the department of Homeland security. Their role is still to support and deploy the major wars that are still ongoing but also to still be vigilant with the regards to homeland security and home to make our  country a safer place for everyone. " The National Guard is the logical element of the U.S. armed forces to act as the lead military agency for homeland security. By law and tradition, the Guard connects local communities to the federal government. Units are located in every American community, and they have the capabilities, legal authority, and structure to respond to attacks on the homeland. " (Spencer J., 2002). 

The Posse Comitatus Act  ensures that no leader can use any military force to ensure the laws of our country are followed. This is illegal unless it is expressely authorized by the constitution or by an act of congrees.

Resources.

DOD Roles and Missions in Homeland Security (Rep.). (2004, May). Retrieved June 13, 2017, from https://www.hsdl.org/?view&did=449397

Spencer, J., & Wortzel, L. (n.d.). The Role of the National Guard in Homeland Security. Retrieved June 13, 2017, from http://www.heritage.org/homeland-security/report/the-role-the-national-guard-homeland-security

Student # 2

These are brief overviews of the Department of Defense and the National Guard as they relate to Homeland Security. The Military services under DOD provide both Homeland Security as well as Homeland Defense roles. For the Homeland Defense role, the Services provide NORTHCOM and PACOM the capabilities to perform military missions on land, sea and air, as well as protecting critical infrastructure. Of Course the Primary goal is to protect against outside aggression, but can be directed by the President to respond to threats inside the US. Due to their geographic locations and capabilities, DOD thru the military provides assistance to civil authorities through it’s various support functions. The three main functions of support are the Military Assistance to Civil Authorities (MACA). One of the key elements of this support is for Chemical, Biological, Radiological, Nuclear, and High-Yield Explosives (CBRNE) incidents. Thsi support is only made available if other governmental resources unable to meet the need, whether they be Federal, State or local. This goes for responding to natural disasters as well. The DOD’s next mission of support is through the Military Support to Civil Law Enforcement (MSCLEA). This support is in a variety methods which includes support to border patrol, National Special Security Events, support for counterdrug operations, support for combating terrorism, and any other support necessary that complies with applicable laws. DOD’s next mission of support is through the Military Assistance for Civil Disturbances (MACDIS). These functions are primarily related to disaster relief efforts. The DOD has really increased it’s efforts related to Cyber and intelligience as well. Through the The National Security Agency (NSA) and the National Imagery and Mapping Agency (NIMA), they provide support both for homeland defense/security missions and to U.S. activities overseas to prohibit terrorist attacks before they reach U.S. territory.

Posse Comitatus

This law is routinely misquoted and misrepresented. It’s original intent was to prohibit the use of the Armed forces to enforce laws whenever deemed necessary by a lower level law enforcement officer such as a sheriff. The law was enacted originally on 18 June 1878. It was amended in 1959 to make it

applicable to Alaska. It was amended in 1994 to remove an upper limit of $10,000 on the

fine that was in the original act. This law clearly needs to be removed by a newer law that is more appropriate to the times! The vastness of the erroneous interpretations of this law are seemingly without limit! Many people commonly assert that the military is prohibited from acting in a law enforcement role. This could not be farther from the truth, as they have been used in these roles in the recent past. Some of these instances have been in the federal mandates to desegregate public schools. The most recent was during the Los Angeles riots in 1992, when Active-duty Army, Marines and Federalized California National Guard troops were used. So, to conclude I would say that so many people have misunderstood this law that even in the courts it has routinely been misconstrued!

The National Millitary Strategy of the United States of America, 2015

(The Role of the Department of Defense in supporting Homeland Security, Sep 2003).

The Posse Comitatus Act and Homeland Security, John R. Brinkerhoff, February 2002