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. On a lesser scale, the act provided the federal marshal the power to use the militia as a posse comitatus. Spak posse comitatus means the power or force of the county. It is one thing for the criminal to go free because the constable has. 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 act outlaws any direct involvement by the united states military in any law enforcement operation.
Information and translations of posse comitatus act in the most comprehensive dictionary definitions resource on the web. Reexamining the posse comitatus act yale law school legal. 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. The term refers to a doctrine of ancient english common law authorizing a sheriff to summon the assistance of the ablebodied male population above the age of 15. 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. A reconstruction era criminal law proscribing use of army later, air force to execute the laws except where expressly authorized by constitution or congress. As originally enacted in 1878, the posse comitatus act applied only to the u. The purpose of the posse comitatus act is to limit the federal governments authority to intervene in domestic policies within the u. Posse comitatus act law and legal definition uslegal, inc. 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 of 1878 pca prohibits the use of the army or the air force as a posse comitatus to execute the laws of the u. Posse comitatus act synonyms, posse comitatus act pronunciation, posse comitatus act translation, english dictionary definition of posse comitatus act. The posse comitatus act is a law that president rutherford b. This report summarizes proposed bills that could result in increased interaction between military and civil authorities. One area of ambiguity was the use of regular troops. The proposal brought questions of its legality under the 1878 posse comitatus act. Posse comitatus act and the united states army army university. Andrew buttaro, the posse comitatus act of 1878 and the end 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. The posse believed that the publicly elected, representative, and thus accountable county. On april 3, 2018, president donald trump proposed that u.
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. When most people think of these words if they think of them at all what likely comes to mind is the farright social movement started in the late 1960s whose members embraced a conspiracyminded, antigovernment, antisemitic message in. 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 is a united states federal law 18 u. The posse comitatus act outlaws the willful use of any part of the army or air force to. Posse comitatus act of 1878 how is posse comitatus act. 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. Posse comitatus act and the us military on the border. But it also contains a provision that allows the act to be temporarily repealed in some instances. 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. Mar 22, 2002 thus, almost any presidential decision or congressional legislation can circumvent posse comitatus rather easily. Posse comitatus act of 1878 legal definition quimbee.
Whoever, except in cases and under circumstances expressly authorized by the. 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. Posse comitatus legal definition of posse comitatus. Pdf the united states continually calls upon the u. Another nail in the coffin for posse comitatus washington. Congress created a drug exception to the posse comitatus act. The posse comitatus act of 1878 was designed to create a clear division between the military and domestic police forces. A sketch congressional research service r42669 version 4 updated 1 he posse comitatus act, enacted in 1878 and now codified at 18 u. Thus, almost any presidential decision or congressional legislation can circumvent posse comitatus rather easily. Accordingly, congress passed the pca in 1878 as a rider to an army appropriations act, limiting the circumstances under which the army could be used as a posse comitatus to execute the laws. Posse comitatus act was designed to restrict the federal government from using.
This appendix provides a broad overview of the posse comitatus act, which restricts the participation of the military in domestic law enforcement activities under. Posse comitatus act, and this exemption applies equally to activeduty military and federalized national guard troops. Nov 26, 2014 the posse comitatus act is the united states federal law 18 u. Definition of posse comitatus act in the dictionary. Military from enforcing local and federal law or assisting local law enforcement in that duty. Throughout much of this nations history, times of turmoil have called into play an obscure and often indefinable law known as the posse comitatus act pca. Army but was amended in 1956 to include the air force. Simply stated it defied habeas corpus your constitutional right not to disappear at the hand of government, the posse comitatus act of 1878 preventing the military from having a law enforcement function in the united states, and essentially gutted large portions of the bill of rights especially amendments 4, 5, and 6 with secondary damage. The act prohibits most members of the federal uniformed services the army, air force, and state national guard forces.
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. Ndaa 2014 nulifies posse comitatus act of 1878 liberty. Other articles where posse comitatus act is discussed. 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 article about posse comitatus act by. From its inception in 1878, lawmakers have heralded the act as a safeguard for limiting military involvement in civil law enforcement operations. 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. Posse comitatus synonyms, posse comitatus antonyms. Library of congress cataloginginpublication data matthews, matt, 1959the posse comitatus act and the united states army. 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. Posse comitatus act of 1878 how is posse comitatus act of. Marys university school of law in san antonio, texas. National defense authorization act would the national defense authorization act allow the u. The clinton administration set up the joint task forcecivil support in october 1999 as a homeland defense command.
Posse comitatus definition of posse comitatus by the free. The cushing doctrine, based on british precedent and utilized briefly to enforce the fugitive slave laws, lay dormant until 1868 when attorney general william w. Jan 12, 2019 in 1878, the democratic congress passed this law, which became the posse comitatus act. The repository promotes intellectual output from the school of law, including faculty publications and student led law journals, and makes materials available to the world for scholarship. 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 definition of posse comitatus by the. The posse comitatus act and the united states army. The posse comitatus act is a united states federal law signed on june 18, 1878, by president. Extraterritorial effect of the posse comitatus act the posse comitatus act does not apply outside the territory of the united states. 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.
This article is brought to you for free and open access by the law school at. Well, before the posse comitatus act was passed, congress passed the insurrection act of 1807 pub. Constitution or act of congress, willfully uses any. 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. In 1878 the use of a posse comitatus was limited by the passage of the posse comitatus act of 1878. Congress has also enacted a number of statutes that authorize the use of land and naval forces to execute their objective.
However, formatting rules can vary widely between applications and fields of interest or study. Prohibits search, seizure, or arrest powers to us military personnel. 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 means the power or force of the county. The posse comitatus act is the united states federal law 18 u. This is an abridged version of the posse comitatus act and related matters. Legislative history of the posse comitatus act of 1878. The act was enacted in the year1878, and it is cited in 18 uscs 85. The same act was invoked in the 1980s to prevent 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 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. Military to arrest american citizens in their own back yard without charge or trial. Posse comitatus definition, examples, cases, processes. The ruinous consequences of standing armies to free communities may be seen in. Dec 30, 20 simply stated it defied habeas corpus your constitutional right not to disappear at the hand of government, the posse comitatus act of 1878 preventing the military from having a law enforcement function in the united states, and essentially gutted large portions of the bill of rights especially amendments 4, 5, and 6 with secondary damage. A historical perspective combat studies institute press fort leavenworth, kansas by matt matthews. Pdf the posse comitatus act and the fourth amendmentts. News, opinion and commentary general interest military history evaluation. In addition, the department of the navy has enacted regulations intended to apply the posse comitatus act restrictions to the u. The posse comitatus act refers to the united states federal law enacted in1878 in june by president rutherford b. The posse comitatus act of 1878 and the end of reconstruction. Army to enforce laws unless the constitution or an act of congress explicitly authorized such use.