Posse Comitatus Act
This article is about a United States statute prohibiting the use of the armed forces for law enforcement. For the sheriff's powers of law enforcement at common law, see posse comitatus. For the terrorist organization, see The Posse Comitatus.
The
Posse Comitatus Act is a law of the
United States (18 USC 1385) passed in
1878, after the end of
Reconstruction, and was intended to prohibit Federal troops from supervising elections in former
Confederate states. It 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 original act only referred to the
Army, but the
Air Force was added in
1956 and the
Navy and
Marine Corps have been included by a regulation of the
Department of Defense. This law is mentioned whenever it appears that the Department of Defense is interfering in domestic disturbances.
There are a number of exceptions to the act. These include
- National Guard units while under the authority of the governor of a state
- troops when used in pursuant to the Federal authority to quell domestic violence as was the case during the Rodney King riots
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.
External link
See http://www.kuro5hin.org/story/2002/6/22/0622/92456