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PDF Editor FAQ

Why do people, some liberals but even more conservatives, claim that the Air Force and Coast Guard are not members of the military?

I really don't understand what is so hard for people to understand about14 U.S. Code § 1 - Establishment of Coast GuardThe 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.(Aug. 4, 1949, ch. 393, 63 Stat. 496; Pub. L. 94–546, § 1(1), Oct. 18, 1976, 90 Stat. 2519; Pub. L. 107–296, title XVII, § 1704(a), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–213, title II, § 217(1), Dec. 20, 2012, 126 Stat. 1555.)14 U.S. Code § 1 - Establishment of Coast GuardEdit:There is another answer posted that shows the structure of the Department of Homeland Security, the fact that the USCG is in it, and how that proves how the USCG isn't a military service by law. That is a common misconception, so I decided to edit this answer to try to explain what is up with that whole thing.Actually, by law, the Coast Guard is a militaryservice. That law is U.S. Code: Title 14 - Coast Guard U.S. Code: Title 14 - COAST GUARDThere are a number of reasons that the Coast Guard is not in the DOD. For one, Alexander Hamilton founded the service in 1790. It was created to give the nation an armed maritime presence and to help the fledgling nation pay its bills. The Continental Navy had been disbanded following the Revolutionary War, and the U.S. Revenue-Marine filled the role until the reestablishment of the Navy later in the 1790’s (which is why the Coast Guard can lay claim to being the nation's oldest continuous naval service.). However, the primary purpose of the Revenue-Marine was to serve as an armed customs service with military and anti-piracy duties (many other duties were added over the years). Being a Customs mission, the Revenue-Marine was part of the Department of the Treasury (Alexander Hamilton was the Treasury Secretary). The U.S. Revenue-Marine later became the U.S. Revenue Cutter Service, still in the Treasury Department. In 1915, an Act of Congress merged the U.S. Revenue Cutter Service and the U.S. Life-Saving Service ( since both had Search and Rescue responsibilities) and formed the U.S. Coast Guard. This Act clearly stated that the Coast Guard was a military service and a branch of the Armed Forces at all times. Notwithstanding the fact that it was a military service, the USCG stayed in the Treasury Department until the Creation of the Department of Transportation in 1967, when it was transferred to the DOT. Following 9/11, the Coast Guard was transferred again, to the newly formed Department of Homeland Security.Another reason that the Coast Guard is not part of the Department of Defense (except when amalgamated with the Navy) is that the Coast Guard has significant Maritime Law Enforcement and Federal Regulatory responsibilities. The Posse Comitatus Act prohibits the DOD from engaging in domestic Law Enforcement activities. Technically, it prohibits the Army and the Air Force (due to an amendment). The Navy and Marines are not specifically prohibited by the act itself; however, internal regulations in both services make the Act apply. Note that the Posse Comitatus Act does not apply to the Army National Guard or the Air National Guard since they are acting under state authority. So that is one of the primary reasons that the Coast Guard is not in the DOD, its Maritime Law Enforcement and Federal Regulatory missions would conflict with the Posse Comitatus Act.

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