But it also contains a provision that allows the act to be temporarily repealed in some instances. In addition, the department of the navy has enacted regulations intended to apply the posse comitatus act restrictions to the u. Most individuals think they know what the posse comitatus act allows and disallows. Code, section 85, an original intent of which was to end the use of federal troops to police state elections in former confederate states, proscribes the role of the army and air force in executing civil laws and states. The compromise which emerged from conference opted to forbid only willful violations, but nothing in the legislative history explains. A reconstruction era criminal law proscribing use of army later, air force to execute the laws except where expressly authorized by constitution or congress. Act made it a crime for anyone to use the army to enforce federal, state, or local civil laws. The posse comitatus act is a united states federal law signed on june 18, 1878, by president rutherford b. The act was enacted in the year1878, and it is cited in 18 uscs 85. In 1878 the use of a posse comitatus was limited by the passage of the posse comitatus act of 1878. Before 1878, the use of the us army in support of and at times instead of civil law enforcement was rare. This is an abridged version of the posse comitatus act and related matters. An historical perspective and implications for homeland defense open pdf 62 kb this paper will explore the historical background of the posse comitatus act and determine why congress passed it into law. Air force in 1956 as posse comitatus, was originally passed in 1878 and prohibited the federal government from using the military in a manner consistent with domestic law enforcement.
An historical perspective and implications for homeland defense the posse comitatus act historical background in the aftermath of the terrorist attacks of september 11, 2001, the federal government and the military of the united states must reevaluate the posse comitatus act. Ive been giving this some thought, lately, and i believe that the posse comitatus act of 1878 needs to fall by the wayside. Whoever, except in cases and under circumstances expressly authorized by the. But a new department of defense publication says there are exceptions to the posse comitatus act pca of 1878, which drew the line at the armed forces performing civilian law enforcement activities, like arresting people, spying on them, and searching their homes. The posse believed that the publicly elected, representative, and thus accountable county. The posse comitatus act is a united states federal law 18 u. Congress has also enacted a number of statutes that authorize the use of land and naval forces to execute their objective. Definition of posse comitatus act in the dictionary. In the united states, a federal statute known as the posse comitatus act, enacted in 1878, forbade the use of the us army, and through it, its offspring, the us air force, as a posse comitatus or for law enforcement purposes without the approval of congress. Posse comitatus act and the united states army army university. A sketch congressional research service r42669 version 4 updated 1 he posse comitatus act, enacted in 1878 and now codified at 18 u. The law the president seems to be referring to is the posse comitatus act, the longstanding federal statute that restricts the governments ability to use the. In posse comitatus the united states was the posse comitatus act of 1878, which was passed at the end of reconstruction 186577 in order to prevent the use of the u. The posse comitatus act of 1878 which eo 528 clearly subverts bars the use of the military for civilian law enforcement.
Title 18 crimes and criminal procedure part i crimes chapter 67 military and navy sec. Over time, the authority level necessary for local law enforcement to call on the military as a posse comitatus devolved down to the lowest level. Controversies posse comitatus act prohibits military from. Why we need to repeal the posse comitatus act ars technica. The posse comitatus act of 1878 pca prohibits the use of the army or the air force as a posse comitatus to execute the laws of the u.
Nov 26, 2014 the posse comitatus act is the united states federal law 18 u. Whoever, except in cases and under circumstances expressly authorized by the constitution or act or congress, willfully uses any part of the army or the air force as a posse comitatus or otherwise to execute the. The posse comitatus act is a united states federal law original at signed on june 18, 1878, by president rutherford b. Ndaa 2014 nulifies posse comitatus act of 1878 liberty. Posse comitatus act article about posse comitatus act by. The act outlaws any direct involvement by the united states military in any law enforcement operation.
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. Operational law handbook, 2015 the library of congress. The posse comitatus act of 1878 prohibits using the military for civilian law enforcement. The posse comitatus act outlaws the willful use of any part of the army or air force to execute the law unless expressly authorized by the constitution or an act of. The posse comitatus act is a united states federal law usc1885 passed on june 16, 1878 after the end of reconstruction. Constitution or act of congress, willfully uses any. Obama executive order 528 subverts posse comitatus act of. Army but was amended in 1956 to include the air force. Posse comitatus act of 1878 how is posse comitatus act of.
Sep 23, 2019 section 85 of title 18, united states code usc, states. However, formatting rules can vary widely between applications and fields of interest or study. The original posse comitatus was a rider to an appropriations bill, chapter 263, section 15, approved on june 18, 1878. Enacted in 1878, the posse comitatus act was expressly intended to prevent united states marshals, on their own initiative, from calling on the army for assistance in enforcing federal law.
Posse comitatus legal definition of posse comitatus. Information and translations of posse comitatus act in the most comprehensive dictionary definitions resource on the web. The use of the military to execute civilian law, crs report 95964 in which the authorities for the statements made here may be found. The term refers to a doctrine of ancient english common law 2 authorizing a sheriff to summon the assistance of the ablebodied male population above the age of 15. From and after the passage of this act it shall not be lawful to employ any part of the army of the united states, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the constitution or by act of congress. Hayes the white house at the cost of ending reconstruction.
Another use of the posse comitatus in the united states was the posse comitatus act of 1878, which was passed at the end of reconstruction 186577 in order to prevent the use of the u. Over time, the authority level necessary for local law enforcement to call on the military as a posse comitatus devolved down to. This act, passed in response to the use of federal troops to enforce reconstruction policies in the southern states, prohibited the use of the u. The posse comitatus act is an act that prohibits the federal government from using the armed forces as a posse comitatus for law enforcement, except in cases and circumstances expressly authorized by the constitution or act of congress. From and after the passage of this act it shall not be lawful to employ any part of the army of the united states, as a posse comitatus, or otherwise, for the purpose of. Posse comitatus act pdf this appendix provides a broad overview of the posse comitatus act, which restricts the participation of the military in domestic law enforcement activities under. This appendix provides a broad overview of the posse comitatus act, which restricts the participation of the military in domestic law enforcement activities under. The posse comitatus act abolished the use of the u. Posse comitatus definition of posse comitatus by the free. As originally passed, the posse comitatus act pca read, from and after the passage of this act it shall not be lawful to employ any part of the army of the united states, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly. The clinton administration set up the joint task forcecivil support in october 1999 as a homeland defense command.
Congress created a drug exception to the posse comitatus act. Whoever, except in cases and under circumstances expressly authorized by the constitution or act of congress, willfully uses any part of the army or 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. The purpose of the act in concert with the insurrection act of 1807 is to limit the powers of the federal government in using federal military personnel to enforce domestic policies within the united states. Review of the posse comitatus act after hurricane katrina the posse comitatus act of 1878 pca and as amended restricts the use of the army or the air force for law enforcement purposes. Posse comitatus act, and this exemption applies equally to activeduty military and federalized national guard troops. Posse comitatus act law and legal definition uslegal, inc. 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. The posse comitatus act is the united states federal law 18 u. For years bush tried to accomplish the same thing, especially after his administrations criminal inactions during the. Posse comitatus legal information institute cornell university.
Section 85 of title 18, united states code usc, states. This report summarizes proposed bills that could result in increased interaction between military and civil authorities. As originally enacted in 1878, the posse comitatus act applied only to the u. The posse comitatus act outlaws the willful use of any part of the army or air force to. Posse comitatus act and the us military on the border.
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