The Posse Comitatus Act applies [View all]

The Posse Comitatus Act is a U.S. federal law that limits the use of federal military personnel for domestic law enforcement. Passed in 1878, it prohibits using the Army or Air Force (and, more recently, the Navy, Marine Corps, and Space Force) as a posse comitatus or to execute the laws, unless specifically authorized by the Constitution or an Act of Congress.

Key aspects of the Posse Comitatus Act:

Purpose:
The Act was enacted to prevent the federal military from being used to enforce laws or suppress dissent within the United States, particularly in the aftermath of the Civil War and Reconstruction.

Restrictions:
It generally prevents federal troops from participating in civilian law enforcement activities, such as searches, seizures, arrests, or similar activities.

Exceptions:
The Act does allow for certain exceptions where military personnel can be used in domestic law enforcement, such as in cases of domestic violence, protection of federal property, or enforcement of some federal laws and court orders.

Scope:
While the original Act primarily focused on the Army and Air Force, it has been amended to include the Navy, Marine Corps, and Space Force.

National Guard:
The Act's restrictions do not apply to the National Guard when activated by a state's governor under Title 32 of the US Code (State service) . It DOES apply once state Guard troops are federalized under Title 10.