Should the Posse Comitatus Act be Changed to Effectively Support Local Law Enforcement?
Abstract
To what extent does the Posse Comitatus Act require changes to best support local law enforcement operation? The Posse Comitatus Act was created to limit the military's role in civilian law enforcement. The original act was passed in June 1878 as part of the Army appropriation bill. The National Security Act of 1947 further directed the Secretary of Defense to publish regulations that do not permit direct participation by the Army or Air Forces in search, seizure, arrest, or other similar activities, except when permitted by law. The Posse Comitatus Act does not apply to National Guard formations while they are under state control, and therefore allows governors the flexibility to utilize the Guard in support of law enforcement missions. This exception is lost once National Guard formations are called to serve on active duty. This paper will explore the history of the use of the Posse Comitatus Act before and during the Revolutionary War, the Civil War, and in present-day situations. The paper will examine when the Posse Comitatus Act applies and when it does not apply to active duty and National Guard formations. Exceptions to the law that have been granted by Congress for counterdrug operations, suppression of insurrection, and emergencies related to weapons of mass destruction also will be examined. Three situations will be examined in detail: the Los Angeles Riots in 1992, the World Trade Organization Ministerial Conference in Seattle in 1999, and the use of Military Police in Samson, Alabama, in 2009. Finally, the paper will examine command and control issues related to the use of Federal Armed forces in support of local law enforcement. The Posse Comitatus Act restricts the Federal Government in all but extraordinary situations. Its intent to limit federal involvement in domestic affairs is still sound. In the future, commanders at all levels should be required to receive training on the Posse Comitatus Act to ensure understanding and intent. Congress sh
Document Details
- Document Type
- Technical Report
- Publication Date
- Jun 07, 2011
- Accession Number
- ADA565078
Entities
People
- Thomas F. Heslin Jr.
Organizations
- Center for Strategic and International Studies