Military deployment for civilian policing: How an old law impacts response

Numerous laws have shaped this great nation. One law that continues to influence the political and legal landscape is the Posse Comitatus Act, passed in 1878.

By Dr. Allan Conkey, professor of Criminal Justice at American Military University

Numerous laws have shaped this great nation. One law that continues to influence the political and legal landscape is the Posse Comitatus Act, passed in 1878. The Posse Comitatus Act establishes guidelines on the federal government’s use of the armed forces for the strict purpose of policing its citizenry.

Here is what this act reads:
“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.” – 18 U.S.C. 1385, Sec. 1385.

The act applies to the Army, Air Force, Navy, and Marine Corps. Armed forces that are exempt include the Coast Guard, in peacetime, and state National Guard forces.

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