Posse Comitatus Act - Wikipedia, the free encyclopedia: The Posse Comitatus Act is the United States federal law (18 U.S.C. § 1385) that was 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 the US Air Force. 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.[1][2] Although it is a military force,[3] the U.S. Coast Guard, which now operates under the Department of Homeland Security, is also not covered by the Posse Comitatus Act.
As of December 3 2011, the Posse Comitatus Act is under threat of repeal from the National Defense Authorization Act.[4]
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