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. Before 1878, the use of the us army in support of and at times instead of civil law enforcement was rare. Definition of posse comitatus act in the dictionary. From its inception in 1878, lawmakers have heralded the act as a safeguard for limiting military involvement in civil law enforcement operations. 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 rutherford b. 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.
But it also contains a provision that allows the act to be temporarily repealed in some instances. The posse comitatus act 1878prohibited use of the u. The posse comitatus act has been subject to various amendments and changes over the 18 see sean j. Limit on use of military for civilian law enforcement also applies to navy by regulation. Ahead of that breakdown of society, washington and the powers that control it have deployed troops across america to train for domestic operation and acclimate the public to their presence. 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. Most individuals think they know what the posse comitatus act allows and disallows. Military from enforcing local and federal law or assisting local law enforcement in that duty. The posse believed that the publicly elected, representative, and. Since then, the law increasingly has become difficult for the military to. 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. Boek maken downloaden als pdf printvriendelijke versie. Spak posse comitatus means the power or force of the county. Unwilling to accept the former slaves as equal citizens, they pressed for an end to the use of the us military as a police force in the south.
The same act was invoked in the 1980s to prevent military. The act prohibits most members of the federal uniformed services army, air force, and state national guard forces when such are called into federal service from exercising nominally state law enforcement police or peace officer. 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. Congress has also enacted a number of statutes that authorize the use of the land and naval forces to execute their objective. Its intent was to limit the powers of federal government in using federal military personnel.
The posse believed that the publicly elected, representative, and thus accountable county. Posse comitatus act and the us military on the border. 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. The sheriff has authority by the common law, while acting under the authority of the writ of the united states, commonwealth or people, as the case may be, and for the purpose of preserving. The law was passed as an amendment to an army appropriation bill following the end of. Posse comitatus act article about posse comitatus act by. History supplies the grist for an argument that the constitution. Posse comitatus definition of posse comitatus by the free.
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. Though generally obsolete throughout the world, it remains. In 1878 the use of a posse comitatus was limited by the passage of the posse comitatus act of 1878. The history of the posse comitatus act the act or pca reflects a tension. The sheriff has authority by the common law, while acting under the authority of the writ of the united states, commonwealth or people, as the case may be, and for the purpose of preserving the public peace, to call to his aid the posse comitatus. The posse comitatus act proscribes use of the army or the air force to execute the law. Nov 26, 2014 the posse comitatus act is the united states federal law 18 u.
Posse comitatus act law and legal definition uslegal, inc. The posse comitatus act is a united states federal law original at signed on june 18, 1878, by president rutherford b. Hayes on june 18, 1878, limits the power of the federal government in the use of federal military personnel to enforce u. Though generally obsolete throughout the world, it remains theoretically, and sometimes practically. Well, before the posse comitatus act was passed, congress passed the insurrection act of 1807 pub. The act was enacted in the year1878, and it is cited in 18 uscs 85. Toward a right to civil law enforcement, 21 yale l. Posse comitatus act and the united states army army university. Prohibits search, seizure, or arrest powers to us military personnel.
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 believes that all government should be rooted at the county, rather than the federal, level. Information and translations of posse comitatus act in the most comprehensive dictionary definitions resource on the web. Ndaa 2014 nulifies posse comitatus act of 1878 liberty. The act outlaws any direct involvement by the united states military in any law enforcement operation. Since its inception in 1878, the act has consistently been misinterpreted. 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.
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 act prohibits most members of the federal uniformed services army, air force, and state national guard forces when such are called into federal service from exercising nominally state law enforcement. The posse comitatus act abolished the use of the u. The posse comitatus originated in ninth century england simultaneous with the creation of the office of sheriff.
The posse comitatus act is the united states federal law that was passed on june 18, 1878, after the end of reconstruction and was updated in 1981. Congress has also enacted a number of statutes that authorize the use of land and naval forces to execute their objective. Congress passed the posse comitatus act on june 18, 1878. The clinton administration set up the joint task forcecivil support in october 1999 as a homeland defense command. Operational law handbook, 2015 library of congress. This act was a rider to the military appropriations bill. The posse comitatus act of 1878 was designed to create a clear division between the military and domestic police forces. It says nothing about the navy, the marine corps, the coast guard, or the national guard. The posse comitatus act is a united states federal law 18 u. 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. Army to aid civil officials in enforcing the law or suppressing civil disorder unless. Posse comitatus act definition of posse comitatus act by. The posse comitatus act and the united states army. 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 outlaws the willful use of any part of the army or air force to. 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. Constitution or act of congress, willfully uses any part of the army or the air force as a posse comitatus or. Posse comitatus act synonyms, posse comitatus act pronunciation, posse comitatus act translation, english dictionary definition of posse comitatus act. Posse comitatus act of 1878 how is posse comitatus act. Posse comitatus act was designed to restrict the federal. The posse comitatus act refers to the united states federal law enacted in1878 in june by president rutherford b. Posse comitatus article about posse comitatus by the free. 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 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. Posse comitatus legal definition of posse comitatus. Congress created a drug exception to the posse comitatus act. Army to enforce laws unless the constitution or an act of congress explicitly authorized such use. Posse comitatus article about posse comitatus 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. 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. Controversies posse comitatus act prohibits military. 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 posse comitatus act, signed into law by president rutherford b. The posse comitatus act is the united states federal law 18 u. 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. From and after the passage of this act it shall not be lawful to employ any part of. The most common misinterpretation of the law is the statute that prohibits the federal. Posse comitatus definition of posse comitatus by the. Posse comitatus act of 1878 how is posse comitatus act of. Other articles where posse comitatus act is discussed. 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.
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. The term refers to a sheriffs commonlaw authority to arrange citizens into a posse in order to enforce laws. Section 85 of title 18, united states code usc, states. The courts have generally held that the posse comitatus act by itself does not apply to the navy or the marine corps. Posse comitatus act, and this exemption applies equally to activeduty military and federalized national guard troops. A reconstruction era criminal law proscribing use of army later, air force to execute the laws except where expressly authorized by constitution or congress.
722 1296 1203 298 1326 1543 888 519 333 199 1316 152 99 847 260 1402 1406 1491 509 203 639 851 1342 1233 396 1238 882 552 288 803 1340 889 917 1287 834 1178 1180 861 692 281 112 558 1079 701 34 1045 306 1064 948 804 1028