Posse Comitatus Law
June 18, 1878
CHAP. 263 - An act making appropriations for
the support of the Army for the fiscal year ending June thirtieth, eighteen
hundred and seventy-nine, and for other purposes.
SEC. 15. From and after the passage of this
act it shall not be lawful to employ any part of the Army of the United
States, as a posse comitatus, or otherwise, for the purpose of executing
the laws, except in such cases and under such circumstances as such employment
of said force may be expressly authorized by the Constitution or by act
of Congress; and no money appropriated by this act shall be used to pay
any of the expenses incurred in the employment of any troops in violation
of this section And any person willfully violating the provisions of this
section shall be deemed guilty of a misdemeanor and on conviction thereof
shall be punished by fine not exceeding ten thousand dollars or imprisonment
not exceeding two years or by both such fine and imprisonment.
10 U.S.C. (United States Code) 375
Sec. 375. 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.
18 U.S.C. 1385
Sec. 1385. 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.
Editor's Note: The only exemption has to do
with nuclear materials (18 U.S.C. 831 (e)
For more information, Click on:
"Shadow Government, Martial Law and Locking
Americans out of the Liberty Loop." You will discover that the Posse Comitatus
Act has already been undermined by 32 CFR 501.4
Posse Comitatus Act
Source: G-OPL
"POSSE COMITATUS ACT" (18 USC 1385): A Reconstruction
Era criminal law proscribing use of Army (later, Air Force) to "execute
the laws" except where expressly authorized by Constitution or Congress.
Limit on use of military for civilian law enforcement also applies to Navy
by regulation. Dec '81 additional laws were enacted (codified 10 USC 371-78)
clarifying permissible military assistance to civilian law enforcement
agencies--including 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, aircraft, intelligence,
tech aid, surveillance, etc.) while generally prohibiting direct participation
of DoD personnel in law enforcement (e.g., search, seizure, and arrests).
For example, Coast Guard Law Enforcement Detachments (LEDETS) serve aboard
Navy vessels and perform the actual boardings of interdicted suspect drug
smuggling vessels and, if needed, arrest their crews). Positive results
have been realized especially from Navy ship/aircraft involvement
And this is an exerpt from our friens at Homeland
Security have to say on the subject. They refer to it as a myth surprise
surprise!!
The Posse Comitatus Act has traditionally been
viewed as a major barrier to the use of U.S. military forces in planning
for homeland defense.[1] In fact, many in uniform believe that the act
precludes the use of U.S. military assets in domestic security operations
in any but the most extraordinary situations. As is often the case, reality
bears little resemblance to the myth for homeland defense planners. Through
a gradual erosion of the act’s prohibitions over the past 20 years, posse
comitatus today is more of a procedural formality than an actual impediment
to the use of U.S. military forces in homeland defense.
Erosion of the Act
While the act appears to prohibit active participation
in law enforcement by the military, the reality in application has become
quite different. The act is a statutory creation, not a constitutional
prohibition. Accordingly, the act can and has been repeatedly circumvented
by subsequent legislation. Since 1980, Congress and the president have
significantly eroded the prohibitions of the act in order to meet a variety
of law enforcement challenges.
to view all of what they have to say click
the link below
http://www.homelandsecurity.org/journal/articles/Trebilcock.htm