The Posse Comitatus Act is an often misunderstood and misquoted United States federal law (18 U.S.C. § 1385 ) 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 nominally 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 is understood to equally apply to the US Air Force as a derivative of the US Army); it does not reference, 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, not by the Act itself.[1][2] The Coast Guard, under the Department of Homeland Security, is exempt from the Act.
If this Wiki article is accurate, then Posse Comitatus provides for Congressional overrides. Is that correct, and if so why would this bill be a violation?
Now that part of imprisoning citizens without charge or trial would be a clear violation of numerous Constitutional protections in my untrained mind.
I strongly dislike what I'm reading about this bill. Please comment.
