NCJ Number
122740
Journal
American Journal of Police Volume: 8 Issue: 2 Dated: (1989) Pages: 63-92
Date Published
1989
Length
30 pages
Annotation
This article concludes that the Posse Comitatus Act, which severely restricts military involvement in domestic civilian law enforcement, should be retained but amended. The military, however, should not be turned into a national police force nor should the Defense Department become the lead agency in the war on drugs.
Abstract
Although the Constitution does not prohibit the use of the military to enforce civil laws, Congress decided in 1878 to limit the power of the President to use this option without Congressional approval. Present Posse Comitatus Act law both limits active military participation in civilian law enforcement and permits certain types of military assistance to civilian law enforcement under specified conditions. It would be unwise either to abandon the act or to create so many exemptions that the rule is "gutted." The inconsistencies can best be resolved by making the act expressly applicable to all military personnel in active Federal service in any official capacity except military law enforcement, with either the Army, Air Force, Navy, or Marine Corps, and then only within U.S. territorial limits. 9 notes, 40 references, table of cases.