Comitatus act revised or repealed in order to decriminalize use of military force within the united states, opening the for broadened use of the military as a civil constabulary. Posse comitatus act, section 85 of title 18, united states code unified action handbook series. Extraterritorial effect of the posse comitatus act the posse comitatus act does not apply outside the territory of the united states. Section 85 of title 18 commonly known as the posse comitatus act prohibits the use of the armed forces as a posse comitatus to execute the laws except in cases and under circumstances expressly authorized by the constitution or act of congress. Purpose to provide guidance and understanding of the posse comitatus act and how it relates to law enforcement missions during a state or national emergency.
Allow local police to deputize citizens in times of emergency 3. This is a statutory exception to the posse comitatus act. The posse comitatus act draws its name from a common law power of state agents to call forth the posse or powerof their comitatus a medieval term meaning both an armed retinue and an administrative unit of government. Hayes on june 18, 1878, limits the power of the federal government in the use of federal military personnel to enforce u. Whoever, except in cases and under circumstances 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. The use of the military to execute civilian law, crs report 95964 in which the authorities for the statements made here may be found. Put limits on the federal governments use of military forces for the purpose of law enforcement 2.
The posse comitatus act, the constitution, and military. Electronic freedom of information act amendments of 1996, public law 104231 41. How the posse comitatus act restricts department of defense. Military from enforcing local and federal law or assisting local law enforcement in that duty. The posse comitatus latin, force of the county was a loosely organized, farright populist social movement in the united states starting in the late 1960s, whose members spread a conspiracyminded, antigovernment and antisemitic message in the name of white christians to counter what they believe is an attack on their social and political rights. Pursuant to the presidential power to quell domestic violence. 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. The law was passed as an amendment to an army appropriation bill following the end of. The posse comitatus act prohibits the use of active duty personnel to execute the laws. The posse comitatus originated in ninth century england simultaneous with the creation of the office of sheriff. This study examines laws and policies, such as the posse comitatus act, the stafford act, the insurrection act, the national response plan, the national defense authorization act of 2004, and the emergency management assistance compact that govern the permissive or restrictive. At the same time, the author addresses whether the act needs further changes in light of the military. 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.
Pcas proscription requires a survey of all congressional acts involving the. National guard units are being activated and people are thinking that it means martial law. Military support for civilian law enforcement agencies, sections 3782 of title 10, united states code 42. Operational law handbook, 2015 the library of congress.
Spak posse comitatus means the power or force of the county. This is an abridged version of the posse comitatus act and related matters. Past is certain to be prologue when it comes to both causes and effects of natural and manmade disasters, and politicians, academics, government officials, and all others likely to be affected would do well to study the 206year history of the insurrection act and the 5yearold posse comitatus act as military forces play an everessential. Learn vocabulary, terms, and more with flashcards, games, and other study tools. The law the president seems to be referring to is the posse comitatus act, the longstanding federal statute that restricts the governments.
Science board, as part of a summer 2000 study, advised that less than. Each of those laws has evolved over time consistent with the times and the. Title 18, united states code, section 85 the posse comitatus problem. Obama signs national defense authorization act into law.
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 origins of posse comitatus are to be found in domestic law. The posse comitatus act is a criminal statute under which there has apparently never been a prosecution. 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. But if the president declares a national state of emergency, there is an exception to that rule which would involve invoking the insurrection act of 1807. Typically, as most of you are already aware, the military can not be used for any sort of civilian, domestic law enforcement purposes because of 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 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. Originally raised and commanded by the sheriff, the posse comitatus became a purely civil instrument as the. The posse comitatus act, signed into law by president rutherford b.
Microsoft word the insurrection act of the united states. The secretary of defense should seek repeal of the posse comitatus act pca. 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. The posse comitatus act of 1878 was passed as a means to satisfy the mandates of particular politicians and usher in the jim crow laws of the south, whereby states in the south would not be threatened by military intervention following the reconstruction period. Although some language in department of defense regulations suggests that certain restric tions on the use of military assistance apply outside the land area of the united states. Study 19 terms ccmrf tactical course flashcards quizlet. A historical perspective combat studies institute press fort leavenworth, kansas.
The article published in october, 2009, by the dothan eagle, was a report. Congress has also enacted a number of statutes that authorize the use of land and naval forces to execute their objective. Posse comitatus act, 1878 san diego state university. Another nail in the coffin for posse comitatus washington. The term posse comitatus describes a group of ablebodied people formed usually by a sheriff for the purpose of defending the country, or to prevent others from breaking the law. Posse comitatus act is a united states federal law that generally prohibits the use of the.
The posse comitatus act applies to the army and air force, but not to the navy, marines, or coast guard. 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 constitution permits congress to authorize the. 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. 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. Posse comitatus act law and legal definition uslegal, inc.
Congressional research service report for congress. The posse comitatus act and the united states army. 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. 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 insurrection act of 1807 pdf was one of the first and most important us laws on this subject, and was followed some 71 years later by the posse comitatus act of 1878, which further limited executive authority to conduct military law enforcement on us soil. On a literary level, comitatus in beowulf serves as a framework for action and character development within the story.
Jennifer elsea legislative attorney american law division congressional research. Department of justice quietly discussing changes to the. Even the ardent love of liberty will, after a time, give way to its dictates. The act outlaws any direct involvement by the united states military in any law enforcement operation. The federal response plan and terrorism incident annex pdf. Posse comitatus act and homeland security fema 8183. The act prohibits most members of the federal uniformed services the army, air force, and state national guard forces. 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. As one federal judge has written, the act expresses the inherited antipathy of the. This section traces pathways linking war on drugs policing strategies and in particular those strategies arising from the erosions of the 4 th amendment and the posse comitatus act.
During 1980s, the popularity of the posse ideology declined dramatically and posse leader james wickstrom attempted to bring the posse back to life with a renmaed group he called posse comitatus see separate entry. Army to enforce laws unless the constitution or an act of congress explicitly authorized such use. To assure that the research developed by army war college students is available to army and. The posse comitatus act is a united states federal law usc1885 passed on june 16, 1878 after the end of reconstruction. The posse comitatus act is a united states federal law original at signed on june 18, 1878, by president rutherford b. The posse comitatus, in common law, is a group of people mobilized by the conservator of peace typically a sheriff to suppress lawlessness or defend the county. 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. The law was passed as an amendment to an army appropriation bill following the end of reconstruction and was subsequently amended in 1956. Coast guard, or to the national guard in title 32 or state active duty status. Posse comitatus definition, examples, cases, processes. Posse comitatus act and the united states army army university. 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. Posse comitatus act, which made it a criminal offense to use the army to execute the laws.
The law was passed as an amendment to an army appropriation bill following the end of reconstruction and was subsequently amended in 1956 and 1981. The posse comitatus act wasnt waived in this case since it was albright, not law enforcement, who called upon delta forces services. The act was enacted in the year1878, and it is cited in 18 uscs 85. Lawful military support to civil authorities in times of. The importance of what is going on in our nation right now is all in the verbiage being used by the president and individual states. The nrp recognizes that the governor is the commanderinchief cinc for state national guard assets in a title 32 or sad status. This comment will first discuss the posse comitatus act. The insurrection act is an exception to the posse comitatus statute, which forbids the use of military assets in domestic law enforcement, except as allowed by the constitution or an act of congress. 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.
In waco, texas, an armed religious sect known as the branch davidians mounted a standoff against the fbi. Military police mutual aid and the posse comitatus act recent interest in this topic started with the news report in march, 2009, of fort rucker, alabama, military police mp being accused of violating the posse comitatus act of 1878. But the posse comitatus act did mean that troops could not be used on any authority than that of the president and that he must issue a cease and desist proclamation before he did so. The posse comitatus act outlaws the willful use of any part of the army or air force to. It has been invoked with varying degrees of success, however, to challenge the jurisdiction of the courts, as a defense in criminal prosecutions for other offenses, as a ground for the suppression of evidence. Posse comitatus legal definition of posse comitatus. The army has a 95 page pdf on the posse comitatus act. Next, it will discuss the importance of maintaining the strong, historic distinction between the civilian and military spheres in this country. Well, before the posse comitatus act was passed, congress passed the insurrection act of 1807 pub.
The posse comitatus act the posse comitatus act draws its name from a common law power of state agents to call forth the posseor powerof their comitatusa medieval term meaning both an armed retinue and an administrative unit of government. Study 16 terms political science flashcards quizlet. Authorities no longer rely on posse comitatus, though the concept still exists as part of the american legal system. Although the pca prohibits only the army and air force as from performing domestic law enforcement activities, another statute, 10 usc section 275, requires the secretary of defense to prescribe regulations to. The posse comitatus act of 1878 was designed to create a clear division between the military and domestic police forces. Civilian law congressional research service should the posse comitatus act be changed to effectively support.
Key exceptions to the posse comitatus act a summary of key exceptions to the posse comitatus act follows. Army domestic preparedness training activities pdf. The undeniable unconstitutionality of the national defense authorization act and its violation of the posse comitatus act is likely to result in the necessity of states nullifying those sections. 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 congress. The posse comitatus act good or bad army study guide.
The posse comitatus act states that whoever, except in cases and under circumstances. 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. The posse comitatus act is a united states federal law signed on june 18, 1878, by president. How the posse comitatus act restricts department of. The posse comitatus act pca does not apply to the u. Kealyt safety from external danger is the most powerful director of national conduct. The posse comitatus act is a united states federal law 18 u. This report summarizes proposed bills that could result in increased interaction between military and civil authorities. It is generally accepted that the catalyst for the passage of the act was the excessive use of and resulting abuses by the army in the southern states while enforcing the reconstruction laws. The posse comitatus act pca limits the militarys role in domestic. This appendix provides a broad overview of the posse comitatus act, which restricts the participation of the military in domestic law enforcement activities under many circumstances. But it also contains a provision that allows the act.
Today, the militarization of law enforcement provides an exception to that law through the creation of an ad hock military presence. In 1878 the use of a posse comitatus was limited by the passage of the posse comitatus act of 1878. Start studying posse comitatus act and military authority. These constitutional provisions are reflected in the insurrection acts, which have. The 4 th amendment, posse comitatus, and police brutality. In 1993, the posse comitatus act was again waived, this time by president bill clinton. Erosions to the 4th amendment to the constitution and to the posse comitatus act set the foundations for two war on drugs policing strategies. Posse comitatus act and the us military on the border. Commanders in the field would no longer have any discretion but must wait for orders from washington. The posse comitatus act was originally enacted in 18787. 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. Governors of states, such as north carolina, south carolina, georgia, and florida, frequently employ national guard assets for incidents, such a snow or ice storms and hurricanes.