Posse Comitatus Act
Encyclopedia
The Posse Comitatus Act is an often misunderstood and misquoted United States federal law passed on June 18, 1878, after the end of Reconstruction. Its intent (in concert with the Insurrection Act of 1807
) was to limit the powers of local governments and law enforcement agencies from using federal military personnel to enforce the laws of the land. Contrary to popular belief, the Act does not prohibit members of the Army
from exercising state law enforcement
, police
, or peace officer powers that maintain "law and order
"; it simply requires that any orders to do so must originate with the United States Constitution or Act of Congress.
The statute only directly addresses the US Army (and is understood to equally apply to the US Air Force as a "derivative" of the US Army). It does not refer to, and thus does not implicitly apply to nor restrict units of the National Guard under federal authority from acting in a law enforcement capacity within the United States. The Navy
and Marine Corps
are prohibited by a Department of Defense directive, (self-regulation,) not by the Act itself. Although it is a military force
, the U.S. Coast Guard, which now operates under the Department of Homeland Security, is also not covered by the Posse Comitatus Act.
(1861–1865). The U.S. withdrew Federal troops from Southern states as a result of a compromise in one of the most disputed national elections in American history, the 1876 U.S. presidential election
. Samuel J. Tilden
of New York
, the Democratic
candidate, defeated Republican
candidate Rutherford B. Hayes
of Ohio
in the popular vote. Tilden garnered 184 electoral votes to Hayes' 165; 20 disputed electoral votes remained uncounted. After a bitter fight, Congress struck a deal resolving the dispute and awarding the presidency to Hayes.
In return for Southern acquiescence regarding Hayes, Republicans agreed to support the withdrawal of federal troops from the former Confederate states, ending Reconstruction. Known as the Compromise of 1877
, this deal of political expediency removed federal protection for Southern ex-slaves.
The U.S. Constitution places primary responsibility for the holding of election
s in the hands of the individual states. The maintenance of peace, conduct of orderly elections, and prosecution of unlawful actions are all state responsibilities, pursuant to the states' primary job of exercising police power and maintaining law and order.
During the local, state, and federal elections of 1874 and 1876 in the former Confederate states, all levels of government chose not to exercise their police powers to maintain law and order. Many acts of violence, and a suppression of the vote of some political and racial groups, resulted in the election of state legislators and U.S. congressmen who halted and reversed political reform in the American South.
When the U.S. Representatives
and Senators
from the former Confederate states reached Washington, they set as a priority the creation of a statute prohibiting any future President or Congress from directing, by military order or federal legislation, the imposition of federal troops in any U.S. state.
An exception to Posse Comitatus Act derived from the
Force Acts allowed President Eisenhower to send Federal Troops into Little Rock, Arkansas during the 1958 school desegregation crisis. The Force Acts, among other powers, allow the President to call up military forces when state authorities are either unable or unwilling to suppress violence that is in opposition to the constitutional rights of the people.
The original Posse Comitatus Act referred essentially 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
. The United States Coast Guard
is not included in the Act. (The U.S. Coast Guard was originally part of the Treasury Department
, was later part of the Department of Transportation
, and is now within the Department of Homeland Security
.) This law is often relied upon to prevent the Department of Defense from interfering in domestic law enforcement.
.
The text of the relevant legislation is as follows:
Also notable is the following provision within Title 10 of the United States Code
(which concerns generally the organization and regulation of the armed forces and Department of Defense):
urged Congress to consider revising federal laws so that U.S. armed forces could restore public order and enforce laws in the aftermath of a natural disaster, terrorist attack or incident, or other condition.
These changes were included in the John Warner National Defense Authorization Act for Fiscal Year 2007 , which was signed into law on October 17, 2006.
Section 1076 is titled "Use of the Armed Forces in major public emergencies." It provided that:
In 2008, changes in the Insurrection Act
of 1807 were repealed in their entirety, reverting to the previous wording of the Insurrection Act
that in its original form was written to limit Presidential power as much as possible in the event of insurrection, rebellion, or lawlessness.
Although it is a military force
, the U.S. Coast Guard, which operates under the Department of Homeland Security, is not covered by the Posse Comitatus Act. The Coast Guard enforces U.S. laws, even when operating as a service for the U.S. Navy
.
In December 1981, additional laws were enacted clarifying permissible military assistance to civilian law enforcement agencies and 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, and aircraft, as well as intelligence support, technological aid, and surveillance) while generally prohibiting direct participation of Department of Defense personnel in law enforcement (e.g., search, seizure, and arrests). For example, a U.S. Navy vessel may be used to track, follow, and stop a vessel suspected of drug smuggling, but Coast Guard Law Enforcement Detachments
(LEDETs) aboard the Navy vessel would perform the actual boarding and, if needed, arrest the crew.
Federal military forces have a long history of domestic roles, including the occupation of sovereign Southern states during Reconstruction. The Posse Comitatus Act prohibits the use of federal military forces to "execute the laws"; however, there is disagreement over whether this language may apply to troops used in an advisory, support, disaster response, or other homeland defense role, as opposed to conventional law enforcement.
On December 10, 2008, the California Highway Patrol
announced its officers, along with San Bernardino County Sheriff's Department
deputies and US Marine Corps Military Police, would jointly staff some sobriety and drivers license checkpoints. However, the Marines at the checkpoints are not arresting individuals or enforcing any laws, which would be a violation of the Posse Comitatus Act. A spokesperson said that the Marines were present to observe the checkpoint to learn how to conduct checkpoints on base, to help combat the problem of Marines driving under the influence. The Marines at a recent checkpoint learned techniques to conduct sobriety checkpoints and field sobriety tests.
On March 10, 2009, active duty Army military police troops from Fort Rucker
were deployed to Samson, Alabama
in response to a murder spree
. Samson officials confirmed that the soldiers assisted in traffic control and securing the crime scene. The governor of Alabama did not request military assistance nor did President Obama
authorize their deployment. Subsequent investigation found that the Posse Comitatus Act was violated and several military members received "administrative actions."
Insurrection Act
The Insurrection Act of 1807 is the set of laws that govern the US President's ability to deploy troops within the United States to put down lawlessness, insurrection and rebellion. The laws are chiefly contained in - . The general aim is to limit Presidential power as much as possible, relying on...
) was to limit the powers of local governments and law enforcement agencies from using federal military personnel to enforce the laws of the land. Contrary to popular belief, the Act does not prohibit members of the Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
from exercising state law enforcement
Law enforcement agency powers
A law enforcement agency has powers, which other government subjects do not, to enable the LEA to undertake its responsibilities. These powers are generally in one of six forms:*Exemptions from laws...
, police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
, or peace officer powers that maintain "law and order
Law and order (politics)
In politics, law and order refers to demands for a strict criminal justice system, especially in relation to violent and property crime, through harsher criminal penalties...
"; it simply requires that any orders to do so must originate with the United States Constitution or Act of Congress.
The statute only directly addresses the US Army (and is understood to equally apply to the US Air Force as a "derivative" of the US Army). It does not refer to, and thus does not implicitly apply to nor restrict units of the National Guard under federal authority from acting in a law enforcement capacity within the United States. The Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
and Marine Corps
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
are prohibited by a Department of Defense directive, (self-regulation,) not by the Act itself. Although it is a military force
Military of the United States
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
, the U.S. Coast Guard, which now operates under the Department of Homeland Security, is also not covered by the Posse Comitatus Act.
History
The Act was a response to, and subsequent prohibition of, the military occupation by U.S. Army troops of the former Confederate States during the ten years of Reconstruction (1867–1877) following the American Civil WarAmerican Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
(1861–1865). The U.S. withdrew Federal troops from Southern states as a result of a compromise in one of the most disputed national elections in American history, the 1876 U.S. presidential election
United States presidential election, 1876
The United States presidential election of 1876 was one of the most disputed and controversial presidential elections in American history. Samuel J. Tilden of New York outpolled Ohio's Rutherford B. Hayes in the popular vote, and had 184 electoral votes to Hayes's 165, with 20 votes uncounted...
. Samuel J. Tilden
Samuel J. Tilden
Samuel Jones Tilden was the Democratic candidate for the U.S. presidency in the disputed election of 1876, one of the most controversial American elections of the 19th century. He was the 25th Governor of New York...
of New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, the Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
candidate, defeated Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
candidate Rutherford B. Hayes
Rutherford B. Hayes
Rutherford Birchard Hayes was the 19th President of the United States . As president, he oversaw the end of Reconstruction and the United States' entry into the Second Industrial Revolution...
of Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
in the popular vote. Tilden garnered 184 electoral votes to Hayes' 165; 20 disputed electoral votes remained uncounted. After a bitter fight, Congress struck a deal resolving the dispute and awarding the presidency to Hayes.
In return for Southern acquiescence regarding Hayes, Republicans agreed to support the withdrawal of federal troops from the former Confederate states, ending Reconstruction. Known as the Compromise of 1877
Compromise of 1877
The Compromise of 1877, also known as the Corrupt Bargain, refers to a purported informal, unwritten deal that settled the disputed 1876 U.S. Presidential election and ended Congressional Reconstruction. Through it, Republican Rutherford B. Hayes was awarded the White House over Democrat Samuel J...
, this deal of political expediency removed federal protection for Southern ex-slaves.
The U.S. Constitution places primary responsibility for the holding of election
Election
An election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy operates since the 17th century. Elections may fill offices in the legislature, sometimes in the...
s in the hands of the individual states. The maintenance of peace, conduct of orderly elections, and prosecution of unlawful actions are all state responsibilities, pursuant to the states' primary job of exercising police power and maintaining law and order.
During the local, state, and federal elections of 1874 and 1876 in the former Confederate states, all levels of government chose not to exercise their police powers to maintain law and order. Many acts of violence, and a suppression of the vote of some political and racial groups, resulted in the election of state legislators and U.S. congressmen who halted and reversed political reform in the American South.
When the U.S. Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
and Senators
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
from the former Confederate states reached Washington, they set as a priority the creation of a statute prohibiting any future President or Congress from directing, by military order or federal legislation, the imposition of federal troops in any U.S. state.
An exception to Posse Comitatus Act derived from the
Force Acts allowed President Eisenhower to send Federal Troops into Little Rock, Arkansas during the 1958 school desegregation crisis. The Force Acts, among other powers, allow the President to call up military forces when state authorities are either unable or unwilling to suppress violence that is in opposition to the constitutional rights of the people.
The original Posse Comitatus Act referred essentially to the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
. The Air Force
United States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
was added in 1956 and the Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
and the Marine Corps
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
have been included by a regulation of the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
. The United States Coast Guard
United States Coast Guard
The United States Coast Guard is a branch of the United States Armed Forces and one of the seven U.S. uniformed services. The Coast Guard is a maritime, military, multi-mission service unique among the military branches for having a maritime law enforcement mission and a federal regulatory agency...
is not included in the Act. (The U.S. Coast Guard was originally part of the Treasury Department
United States Department of the Treasury
The Department of the Treasury is an executive department and the treasury of the United States federal government. It was established by an Act of Congress in 1789 to manage government revenue...
, was later part of the Department of Transportation
United States Department of Transportation
The United States Department of Transportation is a federal Cabinet department of the United States government concerned with transportation. It was established by an act of Congress on October 15, 1966, and began operation on April 1, 1967...
, and is now within the Department of Homeland Security
United States Department of Homeland Security
The United States Department of Homeland Security is a cabinet department of the United States federal government, created in response to the September 11 attacks, and with the primary responsibilities of protecting the territory of the United States and protectorates from and responding to...
.) This law is often relied upon to prevent the Department of Defense from interfering in domestic law enforcement.
Legislation
The original provision was enacted as Section 15 of chapter 263, of the Acts of the 2nd session of the 45th Congress45th United States Congress
-House of Representatives:-Leadership:-Senate:*President: William A. Wheeler *President pro tempore: Thomas W. Ferry -House of Representatives:*Speaker: Samuel J. Randall -Members:This list is arranged by chamber, then by state...
.
The text of the relevant legislation is as follows:
- . 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.
Also notable is the following provision within Title 10 of the United States Code
Title 10 of the United States Code
Title 10 of the United States Code outlines the role of armed forces in the United States Code.It provides the legal basis for the roles, missions and organization of each of the services as well as the United States Department of Defense...
(which concerns generally the organization and regulation of the armed forces and Department of Defense):
- . Restriction on direct participation by military personnel
- The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.
Recent legislative events
On September 26, 2006, President BushGeorge W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
urged Congress to consider revising federal laws so that U.S. armed forces could restore public order and enforce laws in the aftermath of a natural disaster, terrorist attack or incident, or other condition.
These changes were included in the John Warner National Defense Authorization Act for Fiscal Year 2007 , which was signed into law on October 17, 2006.
Section 1076 is titled "Use of the Armed Forces in major public emergencies." It provided that:
In 2008, changes in the Insurrection Act
Insurrection Act
The Insurrection Act of 1807 is the set of laws that govern the US President's ability to deploy troops within the United States to put down lawlessness, insurrection and rebellion. The laws are chiefly contained in - . The general aim is to limit Presidential power as much as possible, relying on...
of 1807 were repealed in their entirety, reverting to the previous wording of the Insurrection Act
Insurrection Act
The Insurrection Act of 1807 is the set of laws that govern the US President's ability to deploy troops within the United States to put down lawlessness, insurrection and rebellion. The laws are chiefly contained in - . The general aim is to limit Presidential power as much as possible, relying on...
that in its original form was written to limit Presidential power as much as possible in the event of insurrection, rebellion, or lawlessness.
Exclusions and limitations
There are a number of situations in which the Act does not apply. These include:- National Guard units and State Defense ForcesState Defense ForcesState defense forces in the United States are military units that operate under the sole authority of a state government; they are partially regulated by the National Guard Bureau but they are not a part of the Army National Guard of the United States...
while under the authority of the governor of a stateGovernor (United States)In the United States, the title governor refers to the chief executive of each state or insular territory, not directly subordinate to the federal authorities, but the political and ceremonial head of the state.-Role and powers:...
; - Troops used under the order of the President of the United StatesPresident of the United StatesThe President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
pursuant to the Insurrection ActInsurrection ActThe Insurrection Act of 1807 is the set of laws that govern the US President's ability to deploy troops within the United States to put down lawlessness, insurrection and rebellion. The laws are chiefly contained in - . The general aim is to limit Presidential power as much as possible, relying on...
, as was the case during the 1992 Los Angeles Riots1992 Los Angeles riotsThe 1992 Los Angeles Riots or South Central Riots, also known as the 1992 Los Angeles Civil Unrest were sparked on April 29, 1992, when a jury acquitted three white and one hispanic Los Angeles Police Department officers accused in the videotaped beating of black motorist Rodney King following a...
. - Under , the Attorney GeneralUnited States Attorney GeneralThe United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
may request that the Secretary of DefenseUnited States Secretary of DefenseThe Secretary of Defense is the head and chief executive officer of the Department of Defense of the United States of America. This position corresponds to what is generally known as a Defense Minister in other countries...
provide emergency assistance if civilian law enforcement is inadequate to address certain types of threats involving the release of nuclear materialsSpecial nuclear materialSpecial nuclear material is a term used by the Nuclear Regulatory Commission of the United States to classify fissile materials. The NRC divides special nuclear material into three main categories, according to the risk and potential for its direct use in a clandestine nuclear weapon or for its...
, such as potential use of a nuclearNuclear weaponA nuclear weapon is an explosive device that derives its destructive force from nuclear reactions, either fission or a combination of fission and fusion. Both reactions release vast quantities of energy from relatively small amounts of matter. The first fission bomb test released the same amount...
or radiological weaponRadiological weaponA radiological weapon or radiological dispersion device is any weapon that is designed to spread radioactive material with the intent to kill, and cause disruption upon a city or nation....
. 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 only exemption is nuclear materials. - Support roles under the Joint Special Operations Command
Exclusion applicable to U.S. Coast Guard
- See the Law Enforcement DetachmentsLaw Enforcement DetachmentsLaw Enforcement Detachments or LEDETs are specialized, deployable maritime law enforcement teams of the United States Coast Guard. First established in 1982, their primary mission is to deploy aboard U.S. and allied naval vessels to conduct and support law enforcement, interdiction, or security...
and Missions of the United States Coast GuardMissions of the United States Coast GuardThe United States Coast Guard carries out three basic roles, which are further subdivided into eleven statutory missions. The three roles are:* Maritime safety* Maritime security* Maritime Stewardship...
for more information on U.S. Coast Guard law enforcement activities
Although it is a military force
Military of the United States
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
, the U.S. Coast Guard, which operates under the Department of Homeland Security, is not covered by the Posse Comitatus Act. The Coast Guard enforces U.S. laws, even when operating as a service for the U.S. Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
.
In December 1981, additional laws were enacted clarifying permissible military assistance to civilian law enforcement agencies and 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, and aircraft, as well as intelligence support, technological aid, and surveillance) while generally prohibiting direct participation of Department of Defense personnel in law enforcement (e.g., search, seizure, and arrests). For example, a U.S. Navy vessel may be used to track, follow, and stop a vessel suspected of drug smuggling, but Coast Guard Law Enforcement Detachments
Law Enforcement Detachments
Law Enforcement Detachments or LEDETs are specialized, deployable maritime law enforcement teams of the United States Coast Guard. First established in 1982, their primary mission is to deploy aboard U.S. and allied naval vessels to conduct and support law enforcement, interdiction, or security...
(LEDETs) aboard the Navy vessel would perform the actual boarding and, if needed, arrest the crew.
Federal military forces have a long history of domestic roles, including the occupation of sovereign Southern states during Reconstruction. The Posse Comitatus Act prohibits the use of federal military forces to "execute the laws"; however, there is disagreement over whether this language may apply to troops used in an advisory, support, disaster response, or other homeland defense role, as opposed to conventional law enforcement.
On December 10, 2008, the California Highway Patrol
California Highway Patrol
The California Highway Patrol is a law enforcement agency of the U.S. state of California. The CHP has patrol jurisdiction over all California highways and also acts as the state police....
announced its officers, along with San Bernardino County Sheriff's Department
San Bernardino County Sheriff's Department
The San Bernardino County Sheriff's Department serves San Bernardino County, California, which is geographically the largest county in the lower 48 states. SBSD provides law enforcement services to the unincorporated areas of the county and contract law enforcement services to 14 of the county's...
deputies and US Marine Corps Military Police, would jointly staff some sobriety and drivers license checkpoints. However, the Marines at the checkpoints are not arresting individuals or enforcing any laws, which would be a violation of the Posse Comitatus Act. A spokesperson said that the Marines were present to observe the checkpoint to learn how to conduct checkpoints on base, to help combat the problem of Marines driving under the influence. The Marines at a recent checkpoint learned techniques to conduct sobriety checkpoints and field sobriety tests.
On March 10, 2009, active duty Army military police troops from Fort Rucker
Fort Rucker
Fort Rucker is a U.S. Army post located mostly in Dale County, Alabama, United States. It was named for a Civil War officer, Confederate General Edmund Rucker. The post is the primary flight training base for Army Aviation and is home to the United States Army Aviation Center of Excellence and...
were deployed to Samson, Alabama
Samson, Alabama
Samson is a city in Geneva County, Alabama, United States. It is part of the Dothan, Alabama Metropolitan Statistical Area. At the 2000 census the population was 2,071.-Geography:Samson is located at .According to the U.S...
in response to a murder spree
Geneva County massacre
The Geneva County massacre, which occurred on March 10, 2009, spanned at least two communities, Geneva and Samson in Geneva County, Alabama, USA, and resulted in the death of 11 people, including the 28 year old gunman, Michael Kenneth McLendon. The victims included members of the McLendon family;...
. Samson officials confirmed that the soldiers assisted in traffic control and securing the crime scene. The governor of Alabama did not request military assistance nor did President Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
authorize their deployment. Subsequent investigation found that the Posse Comitatus Act was violated and several military members received "administrative actions."
Latin etymology
Posse Comitatus (Latin): Power of the county. The whole force of the county: that is, all the male members of a county over fifteen, who may be summoned by a sheriff to assist in preventing a riot, the rescue of prisoners, or other unlawful disorders.See also
- Martial lawMartial lawMartial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
- List of military actions by or within the United States
- United States Northern CommandUnited States Northern CommandUnited States Northern Command is a Unified Combatant Command of the United States military. Created on 1 October 2002 in the aftermath of the 11 September 2001 attacks, its mission is to protect the United States homeland and support local, state, and federal authorities...
- Military Cooperation with Civilian Law Enforcement Agencies ActMilitary Cooperation with Civilian Law Enforcement Agencies ActThe Military Cooperation with Civilian Law Enforcement Agencies Act is a United States federal law enacted in 1981 that allowed the military of the United States to cooperate with law enforcement...
- Operation Garden PlotOperation Garden PlotOperation Garden Plot is a general U.S. Army and National Guard plan to respond to major domestic civil disturbances within the United States. The plan was developed in response to the civil disorders of the 1960s and is now under the control of the U.S. Northern Command...
External links
- 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
- Mold, Mildew, and the Military Role in Disaster Response, JURISTJURISTJURIST is an online legal news service hosted by the University of Pittsburgh School of Law, powered by a staff of more than 40 law students working in Pittsburgh and other US locations under the direction of founding Publisher & Editor-in-Chief Professor Bernard Hibbitts, Research Director Jaclyn...
- John Warner National Defense Authorization Act for Fiscal Year 2007
- Text of H.R. 5122
- http://www.homelandsecurity.org/journal/articles/brinkerhoffpossecomitatus.htm
- http://www.homelandsecurity.org/journal/articles/trebilcock.htm