The Posse Comitatus Act. Why our choice for County Sherriff is so Important.

History
The original 1878 Posse Comitatus Act was indeed passed with the intent of removing the Army from domestic law enforcement. Posse comitatus means “the power of the county,” reflecting the inherent power of the old West county sheriff to call upon a posse of able-bodied men to supplement law enforcement assets and thereby maintain the peace. Following the Civil War, the Army had been used extensively throughout the South to maintain civil order, to enforce the policies of the Reconstruction era, and to ensure that any lingering sentiments of rebellion were crushed. However, in reaching those goals, the Army necessarily became involved in traditional police roles and in enforcing politically volatile Reconstruction-era policies. The stationing of federal troops at political events and polling places under the justification of maintaining domestic order became of increasing concern to Congress, which felt that the Army was becoming politicized and straying from its original national defense mission. The Posse Comitatus Act was passed to remove the Army from civilian law enforcement and to return it to its role of defending the borders of the United States.

Posse Comitatus Act
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This article is about a United States statute prohibiting the use of the armed forces for law enforcement. For other uses see Posse comitatus (disambiguation).
The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385) passed in 1878 after the end of Reconstruction. The Act was intended to prohibit Federal troops from supervising elections in former Confederate states. It generally prohibits Federal military personnel and units of the United States National Guard under Federal authority from acting in a law enforcement capacity within the United States, except where expressly authorized by the Constitution or Congress. The Posse Comitatus Act and the Insurrection Act substantially limit the powers of the Federal government to use the military for law enforcement.
The original act referred only to the United States Army. The Air Force was added in 1956, and the Navy and the Marine Corps have been included by a regulation of the Department of Defense. This law is often mentioned when it appears that the Department of Defense is interfering in domestic disturbances.
Contents[hide]
1 Legislation
2 Limits on the Act
3 Homeland Security
3.1 Sense of Congress
4 See also
5 External links
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Legislation
The relevant legislation is as follows:
Sec. 1385. - Use of Army and Air Force as posse comitatus
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.
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Limits on the Act
There are a number of situations in which the Act does not apply. These include:
National Guard units while under the authority of the governor of a state;
Troops when used pursuant to the Federal authority to quell domestic violence as was the case during the 1992 Los Angeles riots;
Troops used under the order of the President of the United States pursuant to the Insurrection Act
In December 1981 additional laws were enacted clarifying permissible military assistance to civilian law enforcement agencies—including the Coast Guard—especially in combating drug smuggling into the United States. Posse Comitatus clarifications emphasize supportive and technical assistance (e.g., use of facilities, vessels, aircraft, intelligence, tech aid, surveillance) while generally prohibiting direct participation of Department of Defense personnel in law enforcement (e.g., search, seizure, and arrests). For example, Coast Guard Law Enforcement Detachments (LEDETS) serve aboard Navy vessels and perform the actual boardings of interdicted suspect drug smuggling vessels and, if needed, arrest their crews.
Under 18 U.S.C. § 831, the Attorney General may request that the Secretary of Defense provide emergency assistance if civilian law enforcement is inadequate to address certain types of threat involving the release of nuclear materials, such as potential use of a Nuclear or Radiological weapon. Such assistance may be by any personnel under the authority of the Department of Defense, provided such assistance does not adversely affect U.S. military preparedness.
The United States Coast Guard is not affected by the act during peacetime.
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Homeland Security
TITLE 6 CHAPTER 1 SUBCHAPTER VIII Part H Sec. 466. Congress finds the following:
Section 1385 of title 18 (commonly known as the Posse Comitatus Act) prohibits the use of the Armed Forces as a Posse comitatus to execute the laws except in cases and under circumstances expressly authorized by the Constitution or Act of Congress.
Enacted in 1878, the Posse Comitatus Act was expressly intended to prevent United States Marshals, on their own initiative, from calling on the Army for assistance in enforcing Federal law.
The Posse Comitatus Act has served the Nation well in limiting the use of the Armed Forces to enforce the law.
Nevertheless, by its express terms, the Posse Comitatus Act is not a complete barrier to the use of the Armed Forces for a range of domestic purposes, including law enforcement functions, when the use of the Armed Forces is authorized by Act of Congress or the President determines that the use of the Armed Forces is required to fulfill the President's obligations under the Constitution to respond promptly in time of war, insurrection, or other serious emergency.
Existing laws, including Title 10, Chapter 15 (commonly known as The Insurrection Act), and The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Title 42, Chapter 68), grant the President broad powers that may be invoked in the event of domestic emergencies, including an attack against the Nation using weapons of mass destruction, and these laws specifically authorize the President to use the Armed Forces to help restore public order.
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Sense of Congress
Congress reaffirms the continued importance of section 1385 of title 18, and it is the sense of Congress that nothing in this chapter should be construed to alter the applicability of such section to any use of the Armed Forces as a posse comitatus to execute the laws.
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See also
List of military actions by or within the United States
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External links
18 U.S.C. § 1385 - Use of Army and Air Force as Posse Comitatus
The Myth of Posse Comitatus (Craig T. Trebilcock)
THE POSSE COMITATUS ACT: A PRINCIPLE IN NEED OF RENEWAL, Washington University Law Quarterly Vol 75 No. 2
The Rand Corporation Overview of the Posse Comitatus Act
Does the Posse Comitatus Act Still Exist?
Mold, Mildew, and the Military Role in Disaster Response, JURIST
Retrieved from "http://en.wikipedia.org/wiki/Posse_Comitatus_Act"
Categories: 1878 in law United States federal legislation United States military policies Law enforcement in the United States