Tuesday, April 10, 2012

Posse Comitatus and Homeland Security

Are there really restrictions on using the American military for homeland security?

Some argue the Posse Comitatus Act provides such restrictions. But at the very best, Posse Comitutus as gaping loopholes.
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. - Title 18, U.S. Code, Section 1385
Taken at face value, Posse Comitatus places restrictions on the Army and Air Force regarding domestic deployments. But, by omission, also has no restrictions on the Marine Corps or Navy.

If interested in deeper reading on the subject, check out:

Domestic Operational Law: The Posse Comitatus Act and Homeland Security

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