The Posse Comitatus Act and Related Matters: A Sketch

The Posse Comitatus Act and Related Matters: A Sketch PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 7

Get Book Here

Book Description
The Posse Comitatus Act states that: 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. 18 U.S.C. 1385. It reflects an American tradition that bridles at military involvement in civilian affairs. Congress, however, has approved a number of instances where extraordinary circumstances warrant a departure from the general rule, particularly in cases where the armed forces provide civilian assistance without becoming directly involved in civilian law enforcement. This is an abridged version of The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law, CRS Report 95-964 in which the authorities for the statements made here may be found. This report summarizes proposed bills that could result in increased interaction between military and civil authorities. (H.R. 1986, H.R. 1815, S. 1042, S. 1043).

The Posse Comitatus Act and Related Matters

The Posse Comitatus Act and Related Matters PDF Author: Bonnie Baker
Publisher: Nova Biomedical Books
ISBN: 9781590337219
Category : Civil-military relations
Languages : en
Pages : 0

Get Book Here

Book Description
The Posse Comitatus Act states that: Whoever, except in cases and under circumstances expressly authorised by the Constitution or Act of Congress, wilfully 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. This Act reflects an American tradition that bridles at military involvement in civilian affairs. Congress, however has approved a number of instances where extraordinary circumstances warrant a departure from the general rule, particularly in cases where the armed forces provide civilian assistance without becoming directly involved in civilian law enforcement. This compelling book provides a brief background along with current issues that highlight the Act by drawing attention to its existence and importance. CONTENTS: Preface; The Origins of the Posse Comitatus; The Posse Comitatus Act and Related Matters: A Sketch; The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law; Index.

The Posse Comitatus Act and Related Matters: A Sketch

The Posse Comitatus Act and Related Matters: A Sketch PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 7

Get Book Here

Book Description
The Posse Comitatus Act states that: 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. 18 U.S.C. 1385. It reflects an American tradition that bridles at military involvement in civilian affairs. Congress, however, has approved a number of instances where extraordinary circumstances warrant a departure from the general rule, particularly in cases where the armed forces provide civilian assistance without becoming directly involved in civilian law enforcement. This is an abridged version of The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law, CRS Report 95-964 in which the authorities for the statements made here may be found. This report summarizes proposed bills that could result in increased interaction between military and civil authorities. (H.R. 1986, H.R. 1815, S. 1042, S. 1043).

The Posse Comitatus Act and Related Matters

The Posse Comitatus Act and Related Matters PDF Author: Jennifer Elsea
Publisher:
ISBN:
Category : Civil-military relations
Languages : en
Pages : 6

Get Book Here

Book Description
The Posse Comitatus Act states that: 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. 18 U.S.C. § 1385. It reflects an American tradition that bridles at military involvement in civilian affairs. Congress, however, has approved a number of instances where extraordinary circumstances warrant a departure from the general rule, particularly in cases where the armed forces provide civilian assistance without becoming directly involved in civilian law enforcement. This is an abridged version of CRS Report R42659, The Posse Comitatus Act and related matters : the use of the military to execute civilian law, in which the authorities for the statements made here may be found.

The Posse Comitatus Act and Related Matters

The Posse Comitatus Act and Related Matters PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

Get Book Here

Book Description
The Posse Comitatus Act outlaws willful use of any part of the Army or Air Force to execute the law unless expressly authorized by the Constitution or an Act of Congress. History supplies the grist for an argument that the Constitution prohibits military involvement in civilian affairs subject to only limited alterations by Congress or the President, but the courts do not appear to have ever accepted the argument unless violation of more explicit constitutional command could also be shown. The provision for express constitutional authorization when in fact the Constitution contains no such express authorizations has been explained alternatively as a meaningless political face saving device or as an unartful reference to the President's constitutional powers. The express statutory exceptions include the legislation which allows the President to use military force to suppression insurrection, 10 U.S.C. 331-335, and sections which permit the Department of Defense to provide federal, state and local police with information and equipment, 10 U.S.C. 371-381. Existing case law indicates that "execution of the law" in violation of the Posse Comitatus Act occurs (a) when the armed forces perform tasks which are assigned not to them but to an organ of civil government, or (b) when the armed forces perform tasks assigned to them solely for purposes of civilian government. Questions arise most often in the context of assistance to civilian police. At least in this context, the courts have held that, absent a recognized exception, the Posse Comitatus Act is violated, (1) when civilian law enforcement officials make "direct active use" of military investigators; or (2) when the use of the military "pervades the activities" of the civilian officials; or (3) when the military is used so as to subject "citizens to the exercise of military power which was regulatory, prescriptive, or compulsory in nature." The Act is not violated when the armed forces conduct activities for a military purpose which have incidental benefits for civilian law enforcement officials. The language of the Act mentions only the Army and the Air Force, but it is applicable to the Navy and Marines by virtue of administrative action and commands of other laws. The law enforcement functions of the Coast Guard have been expressly authorized by act of Congress and consequently cannot be said to be contrary to the Act. The Act has been applied to the National Guard when it is in federal service, to civilian employees of the armed forces, and to off-duty military personnel. The Act is probably only applicable within the geographical confines of the United States, but the supplemental provisions of 10 U.S.C. 371-381 appear to apply world-wide. Finally, the Act is a criminal statute under which there has never been a prosecution. Although violations will on rare occasions result in the exclusion of evidence, the dismissal of criminal charges, or a civil cause of action, as a practical matter compliance is ordinarily the result of military self-restraint. This report appears in abridged form as CRS Report RS20590, The Posse Comitatus Act: A Sketch.

The Posse Comitatus Act & Related Matters

The Posse Comitatus Act & Related Matters PDF Author: Charles Doyle
Publisher:
ISBN:
Category : Law enforcement
Languages : en
Pages : 6

Get Book Here

Book Description


The Posse Comitatus Act and the United States Army

The Posse Comitatus Act and the United States Army PDF Author: Combat Studies Institute Press
Publisher:
ISBN: 9781081225001
Category :
Languages : en
Pages : 94

Get Book Here

Book Description
Anytime the use of US Armed Forces in support of civil authorities is considered, government and military leaders, pundits, and citizens reflexively turn to the Posse Comitatus Act for guidance. Since 9/11, the US Armed Forces face an increased likelihood that they will be called on to participate in actions typically viewed as civil matters. Many have also called for an increased role for the US Armed Forces in responding to natural disasters. Though many constitutional provisions, laws, and legal rulings govern this question, in the minds of many, the Posse Comitatus Act has prominence. Most individuals think they know what the Posse Comitatus Act allows and disallows; most of them are wrong.

Free Course Book for Course 3: Statutory Law and Intelligence 2011

Free Course Book for Course 3: Statutory Law and Intelligence 2011 PDF Author:
Publisher: David Alan Jordan
ISBN:
Category :
Languages : en
Pages : 2170

Get Book Here

Book Description


The Role of Federal Military Forces in Domestic Disorders, 1789-1878

The Role of Federal Military Forces in Domestic Disorders, 1789-1878 PDF Author: Robert W. Coakley
Publisher: DIANE Publishing
ISBN: 9780788128189
Category : History
Languages : en
Pages : 396

Get Book Here

Book Description
Describes the essential elements of the incidents from the Whiskey Rebellion in 1794 to the Reconstruction that followed the Civil War and the ways in which federal military force was applied in each case. Includes: the Fries Rebellion, the Burr Conspiracy, Slave Rebellions, the Nullification Crisis, the Chesapeake and Ohio Canal Riots, the 3Buckshot War2, the Patriot War, the Dorr Rebellion, the Army as Posse Comitatus, San Francisco Vigilantes, the Utah Expedition, the Civil War, etc. Extensive bibliography. Index. Full-color and b&w photos and maps.

State and Local Government Issues

State and Local Government Issues PDF Author: William S. Jamerson
Publisher: Nova Publishers
ISBN: 9781600212925
Category : Business & Economics
Languages : en
Pages : 180

Get Book Here

Book Description
If 'all politics is local', then it stands to reason that what is going on in the provinces must in fact be what counts for the people. This book tries to follow the statehood process, looks at state and local pension plans, follows the serpentine money trail of state and local grants while offering a brief history of them, examining high tech as it relates to local development and reviews citizen initiative proposals over a 15-year period.

Reserve Component Personnel Issues

Reserve Component Personnel Issues PDF Author: Lawrence Kapp
Publisher: DIANE Publishing
ISBN: 1437937993
Category : Law
Languages : en
Pages : 34

Get Book Here

Book Description
The term ¿Reserve Component¿ is used to refer collectively to the seven individual reserve components of the armed forces: the Army Nat. Guard (NG), the Army Reserve, the Navy Reserve, the Marine Corps Reserve, the Air NG, the Air Force Reserve, and the Coast Guard Reserve. These reserve components ¿provide trained units and qualified persons available for active duty in the armed forces.¿ Since 1990, reservists have been involuntarily activated six times, incl. two large-scale mobilizations for the Persian Gulf War and in the aftermath of 9/11. This increasing use of the reserves has led to interest in funding, equipment, and personnel policy. This report provides an overview of key reserve component personnel issues. This is a print on demand report.