The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385) passed on June 16, 1878 after the end of Reconstruction. The Act prohibited members of the national (Federal) uniformed services (Army, Navy, Air Force, Marines, Coast Guard [during wartime] & State National Guard forces [when called into Federal service]) from exercising nominally state law enforcement police or peace officer powers that maintained "law and order" on non-Federal property (States, their counties and municipal divisions) in the former Confederate states. The statute generally prohibits Federal military personnel and units of the United States National Guard under Federal authority from acting in a law enforcement capacity within the United States, except where expressly authorized by the Constitution or Congress. The Posse Comitatus Act and the Insurrection Act substantially limit the powers of the Federal government to use the military for law enforcement. The United States Code (U.S.C.) is a compilation and codification of the general and permanent federal Law of the United States. ... Title 18 of the US Code deals with Crimes and Criminal Proceedings in five parts: Part I - Crimes Part II - Criminal Procedure Part III - Prisons and Prisoners Part IV - Correction of Youthful Offenders Part V - Immunity of Witnesses Title 18, specifically Part 1 > Chapter 113B > § 2331 and § 2332a(a)), is... For other uses, see Reconstruction (disambiguation). ... Motto Deo Vindice (Latin: Under God, Our Vindicator) Anthem (none official) God Save the South (unofficial) The Bonnie Blue Flag (unofficial) Dixie (unofficial) Capital Montgomery, Alabama (until May 29, 1861) Richmond, Virginia (May 29, 1861–April 2, 1865) Danville, Virginia (from April 3, 1865) Language(s) English (de facto) Religion... The United States National Guard is a reserve forces component of the United States Army (the Army National Guard) and the United States Air Force (the Air National Guard). ... Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political... The Insurrection Act of 1807 is the set of laws that govern the President of the United States of Americas ability to deploy troops within the United States to put down lawlessness, insurrection and rebellion. ...

The act was a response to, and a preemptive strike against the repetition of the then immediate past experience of the Confederate States to their military occupation by US Army troops during the ten (10) year period of Civil War Reconstruction, 1867 – 1877. Federal troops were withdrawn after the 1876 Presidential and Congressional elections rumored as part of a “Compromise of 1877” between the parties.

To this day the US Constitution places primary responsibility for the holding, the conduct, and the promulgation of the rules for electrons to Federal Office, to the several States of the Union. The authority of a State's deputized peace officers to maintain the peace, for the orderly conduct of elections, and the prevention of unlawful activity to prevent the exercise of the voting franchise, is a State responsibility; in view of the States' primary job to exercise the “police power”; the power to maintain “law and order”.

It was widely recognized that in the former Confederate States during in the local, State and Federal elections of 1874 and 1876, the State Government’s (and their County and local municipalities) had deliberately elected not to exercise their “police powers”, to maintain “law and order’ during the holding of elections in those years. As a result, many acts of violence and the deliberate suppression of the vote of some political and racial groups resulted in the election of state legislators and US Congressmen who would have not been elected otherwise.

When those Congressmen, (and the Senators, sent by the newly formed former Confederate State legislatures) reached Washington, they set as their first priority the creation of a Statute that would prohibit a future President or Congress from directing by Military order, or Federal legislation, the re-imposition of Federal troops; who would again exercise such police powers as were necessary to maintain “law and order” during elections.

The original act referred only to the United States Army. The Air Force was added in 1956, and the Navy and the Marine Corps have been included by a regulation of the Department of Defense. The United States Coast Guard when acting in its peace-tme capacity (within the Department of the Treasury (now Homeland Security))is not included in the act. However, if in wartime a portion of the United States Coast Guard was subsumed within the Department of the Navy, as it was during World War II, that portion; under the Act, would loose its Federal police power authority and responsibility over the federal law enforcement duties of its civilian mission. This law is often mentioned when it appears that the Department of Defense is interfering in domestic disturbances. The United States Army is the largest and oldest branch of the armed forces of the United States. ... “The U.S. Air Force” redirects here. ... Year 1956 (MCMLVI) was a leap year starting on Sunday (link will display full calendar) of the Gregorian calendar. ... USN redirects here. ... The United States Marine Corps (USMC) is a branch of the United States military responsible for providing power projection from the sea,[1] utilizing the mobility of the U.S. Navy to rapidly deliver combined-arms task forces. ... This article does not cite any references or sources. ... USCG HH-65 Dolphin USCG HH-60J JayHawk The United States Coast Guard (USCG) is at all times a branch of the United States armed forces a maritime law enforcement agency, and a federal regulatory body. ...

In 1971, Deputy Secretary of Defense David Packard wrote the Packard Memo or Employment of Military Resources in the Event of Civil Disturbances which modified the Code of Federal Regulations, Title 32, Volume 2, Chapter 1, Part 215, Section 6. This addition allegedly revoked a substantial part of the 1878 Posse Comitatus Act and provided for 'exceptions' to the Act "to prevent loss of life or wanton destruction of property and to restore governmental functioning and public order when sudden and unexpected civil disturbances, disasters, or calamities seriously endanger life and property and disrupt normal governmental functions to such an extent that duly constituted local authorities are unable to control the situation" and "to protect Federal government functions when the need for protection exists". "Packard's directive (stated) that turning over law enforcement will 'normally' require a Presidential Executive Order, but that this requirement can be waived in 'cases of sudden and unexpected emergencies... which require that immediate military action be taken." (Lindorff, 1988) Packard's directive, in essence, reinstated the possibility of martial law in the United States, prohibited since 1878. David Packard (September 7, 1912 – March 26, 1996) was a cofounder of Hewlett-Packard. ... For other uses, see Martial law (disambiguation). ...

However, the enumerated powers of the constitution grant no authority to the executive branch to unilaterally alter the law or otherwise usurp powers reserved for the legislative branch. This can only be accomplished by ammending or repealing the law itself through the constitutional legislative process. "Martial law was defined in an integral Federal Emergency Management Agency (FEMA) memo written in 1982... The memo, written by FEMA official John Brinkerhoff to agency director Louis Giuffrida, notes that martial law “suspends all prior existing laws, functions, systems, and programs of civil government, replacing them... with a military system.” (Lindorff, 1988).

Legislation

The whole text of the relevant legislation is as follows:

Sec. 1385. - Use of Army and Air Force as posse comitatus

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.

Also notable is the following provision within Title 10 of the United States Code (which generally concerns organization and regulation of the armed forces and Department of Defense):

[10 U.S.C.] § 375. Restriction on direct participation by military personnel

The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.

Limits on the Act

There are a number of situations in which the Act does not apply. These include:

• National Guard units while under the authority of the governor of a state;
• Troops when used pursuant to the Federal authority to quell domestic violence as was the case during the 1992 Los Angeles riots;
• Troops used under the order of the President of the United States pursuant to the Insurrection Act
• Under 18 U.S.C. § 831, the Attorney General may request that the Secretary of Defense provide emergency assistance if civilian law enforcement is inadequate to address certain types of threat involving the release of nuclear materials, such as potential use of a Nuclear or Radiological weapon. Such assistance may be by any personnel under the authority of the Department of Defense, provided such assistance does not adversely affect U.S. military preparedness.

The United States National Guard is a reserve forces component of the United States Army (the Army National Guard) and the United States Air Force (the Air National Guard). ... For other uses, see Los Angeles riots (disambiguation). ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      For other uses, see President of the United States (disambiguation). ... The Insurrection Act of 1807 is the set of laws that govern the President of the United States of Americas ability to deploy troops within the United States to put down lawlessness, insurrection and rebellion. ... Title 18 of the US Code deals with Crimes and Criminal Proceedings in five parts: Part I - Crimes Part II - Criminal Procedure Part III - Prisons and Prisoners Part IV - Correction of Youthful Offenders Part V - Immunity of Witnesses Title 18, specifically Part 1 > Chapter 113B > § 2331 and § 2332a(a)), is... In most common law jurisdictions, the Attorney General is the main legal adviser to the government, and in some jurisdictions may in addition have executive responsibility for law enforcement or responsibility for public prosecutions. ... The United States Secretary of Defense is the head of the United States Department of Defense, concerned with the armed services and The Secretary is a member of the Presidents Cabinet. ... The mushroom cloud of the atomic bombing of Nagasaki, Japan, 1945, rose some 18 kilometers (11 mi) above the hypocenter A nuclear weapon derives its destructive force from nuclear reactions of fusion or fission. ... A radiological weapon (or radiological dispersion device, RDD) is any weapon that is designed to spread radioactive material with the intent to kill, and cause disruption upon a city or nation. ...

Exclusion Applicable to U.S. Coast Guard

See the Law Enforcement Detachments and Missions of the United States Coast Guard for more information on U.S. Coast Guard law enforcement activities

Although it is a military force, the United States Coast Guard, which operates under the Department of Homeland Security, is not covered by the Posse Comitatus Act. The Coast Guard enforces U.S. laws, even when operating as a service for the Navy. The United States Coast Guard (USCG) officially established the Law Enforcement Detachment or LEDET program in 1982. ... The United States Coast Guard carries out five basic missions: maritime safety maritime mobility maritime security national defense protection of natural resources. ... The Military of the United States, also known as the United States Armed Forces, is structured into five branches consisting of the: United States Army United States Marine Corps United States Navy United States Air Force United States Coast Guard Reserves United States National Guard United States Army Reserve United... USCG HH-65 Dolphin USCG HH-60J JayHawk The United States Coast Guard (USCG) is at all times a branch of the United States armed forces a maritime law enforcement agency, and a federal regulatory body. ... The United States Department of Homeland Security (DHS) is a Cabinet department of the federal government of the United States that is concerned with protecting the American homeland and the safety of American citizens. ... USN redirects here. ...

• In December 1981 additional laws were enacted clarifying permissible military assistance to civilian law enforcement agencies and the Coast Guard especially in combating drug smuggling into the United States. Posse Comitatus clarifications emphasize supportive and technical assistance (e.g., use of facilities, vessels, aircraft, intelligence, tech aid, surveillance) while generally prohibiting direct participation of Department of Defense personnel in law enforcement (e.g., search, seizure, and arrests). For example, a US Navy vessel may be used to track, follow and stop a vessel suspected of drug smuggling, but a Coast Guard Law Enforcement Detachments (LEDETS) aboard the Navy vessel would perform the actual boarding and, if needed, arrest the crew.

USCG HH-65 Dolphin USCG HH-60J JayHawk The United States Coast Guard (USCG) is at all times a branch of the United States armed forces a maritime law enforcement agency, and a federal regulatory body. ... Retail selling Street selling is the bottom of the chain and can be accomplished through purchasing from prostitutes, through cloaked retail stores or refuse houses for users in the act located in red-light districts which often also deal in paraphernalia, dealers marketing merriment at night clubs and other events... The United States Department of Defense, abbreviated DoD or DOD and sometimes called the Defense Department, is a civilian Cabinet organization of the United States government. ... The United States Coast Guard (USCG) officially established the Law Enforcement Detachment or LEDET program in 1982. ...

Homeland Security

TITLE 6 CHAPTER 1 SUBCHAPTER VIII Part H Sec. 466. Congress finds the following:

1. Section 1385 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.
2. 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.
3. Some believe the Posse Comitatus Act has served the Nation well in limiting the use of the Armed Forces to enforce the law. Whether this is a good thing or not is subject to debate.
4. The Posse Comitatus Act was not intended to be a complete barrier to the use of the Armed Forces for a range of domestic purposes, including law enforcement functions, when the use of the Armed Forces is authorized by Act of Congress or the President determines that the use of the Armed Forces is required to fulfill the President's obligations under the Constitution provide for the common defense or to respond promptly to insurrection, or other serious emergency.
5. Existing laws, including Title 10, Chapter 15 (commonly known as The Insurrection Act), and The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Title 42, Chapter 68), grant the President broad powers that may be invoked in the event of domestic emergencies, including an attack against the Nation using weapons of mass destruction, and these laws specifically authorize the President to use the Armed Forces to help restore public order.
6. The Posse Comitatus Act could be replaced, nullified or modified by a simple act of Congress.

In early 2006, the 109th Congress passed a controversial bill which grants the President the right to commandeer federal or state National Guard Troops and use them inside the United States. This bill, entitled the John Warner Defense Appropriation Act for Fiscal Year 2007 (H.R. 5122.ENR), contains a provision, (Section 1076) which allows the President to: In common law, posse comitatus (Latin, county force, meaning a sort of local militia) referred to the authority wielded by the county sheriff to conscript any able-bodied male over the age of fifteen to assist him in keeping the peace or to pursue and arrest a felon; compare hue... It has been suggested that this article or section be merged into United States Marshals Service. ... An Act of Vaginapenis is a bill or resolution adopted by both houses of the United States Congress to which one of the following events has happened: Acceptance by the President of the United States, Inaction by the President after ten days from reception (excluding Sundays) while the Congress is... Insurrection could refer to: * in a general sense, it means Rebellion * it is also a title of a Star Trek film, see Star Trek: Insurrection ... The Insurrection Act is the set of laws that govern the President of the United States of Americas ability to deploy troops within the United States to put down lawlessness, insurrection and rebellion. ... The Disaster Mitigation Act of 2000, Public Law 106-390, also called the Robert T. Stafford Disaster Relief and Emergency Assistance Act is U.S. federal legislation passed in 2000 which amended provisions of the United States Code related to disaster relief. ...

“...employ the armed forces, including the National Guard in Federal service, to... restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States..., where the President determines that,...domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy...”

Senator Patrick Leahy and others have condemned Section 1076 because it effectively nullifies the Posse Comitatus Act and the Insurrection Act (10 U.S.C. 331-335) and gives the President the legal ability to define under what conditions martial law may be declared.

See also

• List of military actions by or within the United States

This is a list of military actions by or within the United States organized by type and then by date. ...

Published references

Lindorff, David. "Could It Happen Here?". Mother Jones magazine, April 1988.

External links

• 18 U.S.C. § 1385 - Use of Army and Air Force as Posse Comitatus
• The Myth of Posse Comitatus (Craig T. Trebilcock)
• THE POSSE COMITATUS ACT: A PRINCIPLE IN NEED OF RENEWAL, Washington University Law Quarterly Vol 75 No. 2
• The Rand Corporation Overview of the Posse Comitatus Act
• Does the Posse Comitatus Act Still Exist?
• Mold, Mildew, and the Military Role in Disaster Response, JURIST