One Step Closer to a Police State

President Bush's plan to deploy 6,000 National Guard troops to the Mexican border, widely seen as a political gambit, is coming under fire from both left and right.

It's likely that the move is a violation of the Posse Comitatus Act, a law established after the Civil War that prohibits the use of U.S. troops for domestic law enforcement. Passed in 1878 to prohibit federal troops from running elections in the former confederate states, it is considered a bulwark against the development of a police state.

A central issue of Bush's plan is that the troops would be under federal authority. One of the exceptions built into the Posse Comitatus Act is that troops may be deployed to support law enforcement agencies, but with the exception of insurrections and riots, nuclear attack or interdiction of drug smuggling (when working directly with law enforcement agencies), they must be under the authority of a state governor.

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