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. The inclusion of this sentence in a discussion about veterans of the revolutionary war marching on congress is a total non sequitur in that posse comitatus wasnt enacted until 1878, iirc. The secretary of defense should seek repeal of the posse comitatus act pca. 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 national guards history continued through the colonial era, including the french and indian war, and extends into the modern era, including participation in the war on terror. Army center of military history 1988 discussing shays. The posse comitatus act of 1878 was designed to create a clear division between the military and domestic police forces. The history of the army national guard in the united states dates from 1636, when the massachusetts bay colonys government organized existing militia companies into three regiments.
As this revolution occurs, many negative events will increasingly occur, he tells us, including upheavals, turbulence, overthrows, and widespread violence. The posse comitatus act is a united states federal law signed on june 18, 1878, by president rutherford b. Does anyone think that the posse comitatus act should be mentioned in this article. The original posse comitatus was a rider to an appropriations bill, chapter. The posse comitatus act outlaws willful use of any part of the army or. In the south, colonies merged their slave patrols and militia together to. 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. June 18, 1878 in response to frequent use of troops in civil law enforcement in the. The article included cites from critic namoi watts, who based part of her opinion on an interview with retired u.
Posse comitatus act of 1878 long title an act making appropriations for the support of the army for the fiscal year ending june thirtieth, eighteen hundred and seventynine, and for other purposes. October 15, 2008 the freecontent news source that you can. Reexamining the posse comitatus act yale law school legal. Language the origins of posse comitatus are to be found in domestic law. In 1878, congress passed the posse comitatus act, which forbids military involvement in domestic law enforcement without congressional approval. Before 1878, the use of the us army in support of and at times instead of civil law enforcement was rare. The same act was invoked in the 1980s to prevent military. Since its inception the posse comitatus act of 1878 has been. Posse comitatus means the power or force of the county. Posse comitatus act and dods role in homeland security. The overly restrictive dod regulations begin to merge with the act. Tofflers third wave theory is a revolutionary premise which includes globalization, or what some refer to as the new world order. Most individuals think they know what the posse comitatus act allows and disallows. It may be relevant as it prevents the regular use of anything like a gendarmerie in the us.
Appointed special deputies, these men would aid the sheriff in keeping the peace, executing writs, quelling. Overview of the posse comitatus act 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. 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 wise nation will combine all these considerations. Congress originally enacted the pca in 1878 as an amendment to. Congress has also enacted a number of statutes that authorize the use of land and naval forces to execute their objective. The act outlaws any direct involvement by the united states military in any law enforcement operation. 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. The posse comitatus act pca of 1878 restricts the use of federal troops in a civil law. The posse comitatus act became law on 18 june 1878. But it also contains a provision that allows the act to be temporarily repealed in some instances.
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