Posse comitatus \Pos"se com`i*ta"tus\
1. (Law) The power of the county, or the citizens who may be summoned by the sheriff to assist the authorities in suppressing a riot, or executing any legal precept which is forcibly opposed. -Blackstone.
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"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.
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TITLE 18 > PART I > CHAPTER 67 > Sec. 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
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from the
LA Times The U.S. military operates under the 1878 Posse Comitatus Act, which prohibits the direct use of federal troops "to execute the laws" of the United States. The courts have interpreted this to mean that the military is prohibited from any active role in direct civilian law enforcement, such as search, seizure or arrest of civilians.
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Eberhart says his Northern Command operates scrupulously within the bounds of the law. "We believe the [Posse Comitatus] Act, as amended, provides the authority we need to do our job, and no modification is needed at this time," he told the House Armed Services Committee in March.
Of course, what he knows is that amendments approved by Congress in 1996 for that earlier civilian war, the war on drugs, have already expanded the military's domestic powers so that Washington can act unilaterally in dispatching the military without waiting for a state's request for help. Long before 9/11, Congress authorized the military to assist local law enforcement officials in domestic "drug interdiction" and during terrorist incidents involving weapons of mass destruction. Furthermore, the president, after proclaiming a state of emergency, can authorize additional actions.
Indeed, the military is presently operating under just such an emergency declaration. Eberhart's command has defined three levels of operations, each of which triggers a larger set of authorized activities. The levels are "extraordinary," "emergency" and "temporary." At the "temporary" level, which covers such things as the Olympic Games or the Super Bowl, limited assistance can be provided to law enforcement agencies when a governor requests it, primarily in such areas as logistics, transportation and communications. During "emergencies," the military can provide similar support, mostly in response to specific events such as the attacks on the World Trade Center.
It is only in the case of "extraordinary" domestic operations that the unique capabilities of the Defense Department are deployed. These include not just such things as air patrols to shoot down hijacked planes or the defusing of bombs and other explosives, , but also bringing in intelligence collectors, special operators and even full combat troops.
Given the absence of terrorist attacks inside the United States since 9/11, it may seem surprising that Northern Command is already working under the far-reaching authority that goes with "extraordinary operations." But it is.
Hey, don't worry yet, libertarians. They're not quartering anyone in your condos yet. Of course, they've already got the Writs of Attainder thing wrapped up under the Patriot Act, so I would seriously consider an extra deadbolt.
Wonder who's going to show up when they try and count the votes in the next election?
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