The National Guard Drug Interdiction Mission: A Circumvention of Posse Comitatus?

Abstract

The concept of Posse Comitatus is well understood by all three branches of the government. As a statute, the Posse Comitatus Act of 1878 prohibits the use of U.S. military forces to enforce civil law without a Presidential Proclamation of National Emergency. Drug interdiction requirements in the U.S. have exceeded the capability of civil authorities at all levels, federal, state, and local. The Congress mandated that the Department of Defense take the lead in this area. This places the military in the difficult position of executing a mission that encroaches on the intent of Posse Comitatus. The National Guard, by virtue of its unique dual role as a federal force, and as a state militia, is exempt from some of the restrictions imposed upon the active military. As such, the Guard is being committed to training missions under Title 32 of the U.S. Code in direct support to civil authorities. The extended use of the Guard in a drug interdiction role appears to violate the intent of Posse Comitatus.

Open PDF

Document Details

Document Type
Technical Report
Publication Date
Apr 02, 1990
Accession Number
ADA222923

Entities

People

  • Ronald B. Flynn

Organizations

  • United States Army War College

Tags

Communities of Interest

  • C4I
  • Human Systems
  • Weapons Technologies

DTIC Thesaurus Topics

  • Armored Personnel Carriers
  • Civil Disturbances
  • Command And Control
  • Congress
  • Department Of Defense
  • Drug Abuse
  • Drug Interdiction
  • Employment
  • Governments
  • Law
  • Law Enforcement Officers
  • Military Personnel
  • National Security
  • Personnel Management
  • United States
  • War Colleges
  • Warfare

Readers

  • Child and Adolescent Substance Abuse Science in Autism Spectrum Disorders.
  • Government and Public Administration Law.
  • Military Mobilization and Reserve Forces Studies.