RETHINKING THE POSSE COMITATUS ACT
A group called The Legal Clarity Team explains the Posse Comitatus Act this way. The Posse Comitatus Act, codified as18 U.S.C. 1385 is a federal law that limits the use of the U.S. military in civilian law enforcement. Enacted in 1878, it was designed to prevent military involvement in domestic affairs without explicit authorization from Congress or the Constitution. The statute states that anyone who “willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws” is in violation. While it does not explicitly mention the Navy or Marine Corps, Department of Defense regulations extend similar restrictions on these branches, ensuring the prohibition applies broadly. Several legal exceptions allow military involvement in domestic law enforcement. The most notable is the Insurrection Act, which grants the president authority to deploy federal troops to suppress insurrections, domestic violence, or unlawful obstructions of federal law when lo...