blog




  • Essay / The Posse Comitatus Act of 1878 - 759

    The Posse Comitatus Act of 1878 was a federal law enacted by Congress in 1878 to prevent federal governments from using the powers of the Air Force and military in civilian law enforcement functions. The law ensures that civilian police departments are directly responsible for all law enforcement functions in the United States, and that the armed forces are responsible for fighting America's wars abroad. The military can only be used as law enforcement in America if specifically authorized. The Posse Comitatus Act was enacted in 1878 to withdraw federal troops from the Southern territories after the Civil War. U.S. Army troops were stationed in the South during Reconstruction following the Civil War. “Posse comitatus (from which the term posse derives) is the power or force of the county and refers to citizens over the age of 15, who may be summoned by a sheriff to enforce the law.” The Posse Comitatus Law is specifically prohibited. the military to act in the manner of civilian law enforcement. The remaining armed forces were added to the Posse Comitatus under Department of Defense directives. The Ministry of Defense has overall responsibility for all military personnel and has the ability to write instructions and regulations that cover all branches. Violations of the law would be anything considered a law enforcement function, such as surveillance of a civilian, search of property, or arrest. Anyone who violates the law and uses military force can be fined and imprisoned for up to two years. prison. The law does not apply to the National Guard because the National Guard is controlled by each state. The Posse Comitatus Act (PCA) applies to active duty military personnel, active duty reservists, inactive duty reservists for training, D... ... middle of paper ...... ilian personnel is trained and equipped to deal with all risks. The Pose Comitatus Act of 1878 was put in place to ensure that military commanders could not take control of the civilian population by force. The law ensures that each state is responsible for maintaining good order and discipline within its jurisdiction. The law is very small and allows the military to assist civil authorities if necessary and desired. I believe the Posse Comitatus Act serves a valuable purpose in American law, but changes may be made in the future to provide a more up-to-date standard, particularly in the area of ​​terrorism. Works cited1. “Posse Comitatus Law.” Columbia Electronic Encyclopedia, 6th edition (2013): 1. Military and Government Collection. Internet. December 7, 2013.2. “Help from civil authorities and public relations.” 32 CFR 501.1. 2002.