Posse Comitatus: A Nineteenth Century Law Worthy of Review for the Future?
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The United States' traditional reluctance to have military involvement in civilian law enforcement, based on the experience of the Founding Fathers under British rule, and furthered by military involvement in the post-Civil War Reconstruction in the South, is as sound today as it was in the past. Military actions in the Reconstruction South, resulted in the establishment of the Posse Comitatus Act of 1878. The Act, a criminal statute, prohibits the use of the military to enforce civilian laws. Exceptions to their use is made by specific Congressional or Presidential authorizations. The purpose...
The United States' traditional reluctance to have military involvement in civilian law enforcement, based on the experience of the Founding Fathers under British rule, and furthered by military involvement in the post-Civil War Reconstruction in the South, is as sound today as it was in the past. Military actions in the Reconstruction South, resulted in the establishment of the Posse Comitatus Act of 1878. The Act, a criminal statute, prohibits the use of the military to enforce civilian laws. Exceptions to their use is made by specific Congressional or Presidential authorizations. The purpose of this paper is to examine the Posse Comitatus Act, its history and purpose, and the implications it has in 2001 for domestic military operations. At the same time, the author addresses whether the Act needs further changes in light of the military's role and mission in an ever-changing environment. This study reviews the operational relevance as well as potential obstacles the Posse Comitatus Act poses future military operations. In order to understand the rationale for the genesis of this legislation it is first necessary to look at the historical circumstances and environment leading up to the passage of the Act. The author then compares and contrasts this reasoning with the current environment found within the United States in order to determine whether or not the Act is an unnecessary relic of the past or an important consideration legal precedent for the future. A change in the Posse Comitatus Act is not supported by any of the arguments outlined in this paper. Whether to increase or decrease U.S. military involvement in emergency management support, disaster relief response or combating potential terrorist activities are all questions of policy, not law. A change in the application of the military, to include contingency planning and mock disaster exercises is in the best interest of both our military and our nation.
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