Which means they are uniformed officers which gives them protection under international law which federal agencies (CIA, FBI, HHS) don’t have which is important because the Coast Guard operate in intentional waters.
They are the Thunderbirds or Blue Angels is essence.
Both groups are seperate from thier designated service unless the need arises for those pilots and aircraft and be reintegrated into the regular forces. That, however, does not make them any less actual members of thier respective forces.
The Coast Guard is always a military force, and in some instances, they are part of the Navy.
If this was a venn diagram, it would be two concentric circles, with the larger one stating “military force” and the smaller one within it saying “branch of the Navy in wartime”.
Its not that hard.
are the Thunderbirds/blue angels under the direction of the secratary of the air force?
Because under the law, Coast Guard is under the direction of Homeland Security at the moment. Secretary of the Navy has no say in what they do, how they are run, or their missions.
I posted the applicable portion of law. They are transfered to the Navy upons designation by congress or the president in time of war.
Just a declaration of war doesn’t transfer them to the Navy. Within the declaration congress MUST authorize transfer to be under the Secretary of the navey (or by action by the president).
No, you didn’t post the applicable portion…there is section one, that comes before section three that you posted, that states quite plainly that they are at all times a military force.
All section three does is clarify who gives them the commands in time of war.
For what its worth, section three doesn’t even discuss a change in designation (from federal to military), simply a change in who they take thier orders from in some situations.
The easy way for you to prove your point would be to find the part of the law that changed them to the DHS that also stated they were no longer part of the military, because without it, they were and still are part of said military.
Read section one of the law you posted.
And that’s why I call them a quasi military agency.
They are NOT under anyone at the navy (unless designated by congress)
Then they are under the navy ans subject to not enforcing domestic law.
Right now, they are under juristiction of Homeland Security.
So there is a direct conflict (if they are military) and can ONLY be under the navy or DHS.
There is NO waiver listed in the law (that I can find) that waives them from being subject to the same law as the Navy – that precludes enforcement of domestic law.
So are they part of the Navy and should be restircted? Or are they seperate from the Navy and not restricted?
Donald very most bigly with military.
None more bigly.
Donald loves military better most than anyone.
Quasi isn’t accurate, they’re a militairy branch that gets special treatment.
And the President can move all of their assets to the navy at any time, doesn’t require an act of war or the involvement of congress in any way, as the President is their CiC.
give them authority to enforce domestic laws.
quasi is accurate:
They are not paid by a military branch of the government.
They are not bount by a law effecting the department (navy) they would answer to
They are not under the direction or control of the secreatry of the Navy
Right now they are essentially a quadi military (in name only) agency.
Their foundation was pretty explicit: At ALL times.
“0, §1, 38 Stat. 800; July 11, 1941, ch. 290, §§5, 6(a), 55
Stat. 585).
Said section has been divided. Provisions relating to
operation under the Navy in time of war are placed in
sections 3 and 4 of this title, and the remainder is in
this section.
This section continues the Coast Guard as a military
service and branch of the armed forces of the United
States at all times. By the act of July 11, 1941, 55 Stat.
585 (title 14, U.S.C., 1946 ed., §1), the Coast Guard was
constituted a branch of the land and naval forces of the
United States at all times. This section therefore merely continues an existing agency and codifies existing
law on the military status of the Coast Guard, substituting ‘‘armed forces’’ for ‘‘land and naval forces’’
because of the recent establishment of the Department
of the Air Force as an ‘‘armed force’’ rather than as a
part of the ‘‘land and naval forces’’. The Coast Guard is
designated a service in the Treasury Department except when operating as a service in the Navy. This is a
better definition of the status of the Coast Guard than
one which defines it as a service under the Treasury
Department in time of peace, because the President is
authorized to place the Coast Guard under the Navy in
time of emergency, which could be in time of peace.”
And as for posse comitatus: “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.”
Act of Congress: 14 U.S. Code § 89 - Law enforcement
(a)
The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States. For such purposes, commissioned, warrant, and petty officers may at any time go on board of any vessel subject to the jurisdiction, or to the operation of any law, of the United States, address inquiries to those on board, examine the ship’s documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance. When from such inquiries, examination, inspection, or search it appears that a breach of the laws of the United States rendering a person liable to arrest is being, or has been committed, by any person, such person shall be arrested or, if escaping to shore, shall be immediately pursued and arrested on shore, or other lawful and appropriate action shall be taken; or, if it shall appear that a breach of the laws of the United States has been committed so as to render such vessel, or the merchandise, or any part thereof, on board of, or brought into the United States by, such vessel, liable to forfeiture, or so as to render such vessel liable to a fine or penalty and if necessary to secure such fine or penalty, such vessel or such merchandise, or both, shall be seized.
(b)The officers of the Coast Guard insofar as they are engaged, pursuant to the authority contained in this section, in enforcing any law of the United States shall:
(1)
be deemed to be acting as agents of the particular executive department or independent establishment charged with the administration of the particular law; and
(2)
be subject to all the rules and regulations promulgated by such department or independent establishment with respect to the enforcement of that law.
(c)
The provisions of this section are in addition to any powers conferred by law upon such officers, and not in limitation of any powers conferred by law upon such officers, or any other officers of the United States.
(Aug. 4, 1949, ch. 393, 63 Stat. 502; Aug. 3, 1950, ch. 536, § 1, 64 Stat. 406.)
Note that posse comitatus does NOT name the Navy as restricted. Though Navy regs cover that, the coastguard is still given special exemption by an act of congress to enforce federal laws.
They are not part of the Navy.
They are their own Branch of the Military that has been granted authority to enforce federal law by Congress.
They are also named as part of the armed services in Title 10 (The legal act which created the military, etc)
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, and Coast Guard.
Trump’s cool though.
False, they are a military service.
14 U.S. Code § 1 - Establishment of Coast Guard
To quote the United States Code: “The Coast Guard, established January 28, 1915, shall be a military service and a branch of the armed forces of the United States at all times.”
Doesn’t matter that they fall under DHS during peacetime and whether they are transferred to the Navy during times of war if Congress so designated. They are a military service at all times.
14 U.S. Code § 2 - Primary duties
To quote the United States Code about their duties: “enforce or assist in the enforcement of all applicable Federal laws on, under, and over the high seas and waters subject to the jurisdiction of the United States;”
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The posse comitatus act does not apply to them because Congress has specifically authorized them to enforce federal maritime law.
Any attempt to belittle them as not a military service in an attempt to score political points by thinking the Admiral was wrong is futile. United States law designates them as a military branch and it doesn’t matter won wit if they are paid by DOD or DHS.
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I expect this thread will be locked like the other ones soon
2 Likes
Like what other ones?
