The Posse Comitatus Act and Related Matters: A Sketch
Abstract
The Posse Comitatus Act states that 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. 18 U.S.C. section 1385. It reflects an American tradition that bridles at military involvement in civilian affairs. Congress, however, has approved a number of instances where extraordinary circumstances warrant a departure from the general rule, particularly in cases where the armed forces provide civilian assistance without becoming directly involved in civilian law enforcement. However, a number of statutes, including the Insurrection Act, permit the military directly to execute federal law or provide assistance to states in the throes of insurrection where state officials are unable to execute the law.
Document Details
- Document Type
- Technical Report
- Publication Date
- Nov 06, 2018
- Accession Number
- AD1146543
Entities
People
- Jennifer K. Elsea
Organizations
- Library of Congress