The Posse Comitatus Act and the United States Army: A Historical Perspective
Abstract
Throughout much of this Nation's history, times of turmoil have called into play an obscure and often indefinable law known as the Posse Comitatus Act (PCA). From its inception in 1878, lawmakers have heralded the act as a safeguard for limiting military involvement in civil law enforcement operations. Nevertheless, history clearly demonstrates that the initial intent of the law has been misconstrued. In times of crisis, the unclear and misleading nuances inherent in the act have hampered the expediency of military involvement. In many if not most cases where civic need has resulted in military involvement, controversy followed. The highest level of government is currently debating this antiquated law. Newly appointed Chairman of the Joint Chiefs of Staff, General Peter Pace, also has recommended that political leaders consider modification to the PCA. This study provides fundamental information for those who are involved in domestic law enforcement actions. Chapter 1 provides a brief overview of the U.S. Constitution as it relates to civilian rule over the military as well as a succinct examination of the use of the Army in civil law enforcement until the Civil War. Chapter 2 offers an overview of Reconstruction and investigates the true origins of the Posse Comitatus Act. Chapter 3 discusses the 1973 Wounded Knee incident and the resulting court cases related to the PCA, along with the bewildering array of exceptions applied to the PCA in the war on drugs. Chapter 4 offers a historical vignette designed to demonstrate how the PCA created controversy during and following the 1992 Los Angeles riots, possibly slowing efforts to quell the uprising and permitting the violence to escalate and spread. Equally important, Chapter 5 examines the controversial 1993 Branch Davidian fiasco, which narrowly avoided a flagrant violation of the PCA. Finally, Chapter 6 examines the future of the Posse Comitatus Act and potential alternatives open to policy makers.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jan 01, 2006
- Accession Number
- ADA446311
Entities
People
- Matt Matthews
Organizations
- United States Army Command and General Staff College