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Document Type

Article

Media Type

Text

Abstract

This article analyzes how the government's blame of the Posse Comitatus Act (PCA) for its late response to the Hurricane Katrina disaster was misplaced. In Part II, the author discusses the history of the Posse Comitatus Act, including a summary of some of its many judicial and congressional expansions. In Part III, the author applies the PCA to the Hurricane Katrina disaster to show that, under its proper application, the PCA does, in fact, permit the lawful use of the military for humanitarian purposes. Based on this analysis, the article concludes that we should focus our efforts less on the Posse Comitatus Act and more on fixing the real problem behind the delayed rescue of the New Orleanians.

First Page

117

Last Page

147

Publication Date

11-1-2008

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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