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pat_k

(12,042 posts)
4. "so if they [National Guard] can be cops, I'm all for it"
Sat Oct 11, 2025, 07:40 PM
Saturday

Small problem.

Posse comitatus bars active-duty military or federalized national guard from being used as domestic law enforcement.

https://www.brennancenter.org/our-work/research-reports/posse-comitatus-act-explained




...What are the origins of the Posse Comitatus Act?

The Posse Comitatus Act was passed in 1878, after the end of Reconstruction and the return of white supremacists to political power in both southern states and Congress. Through the law, Congress sought to ensure that the federal military would not be used to intervene in the establishment of Jim Crow in the former Confederacy.

Despite the ignominious origins of the law itself, the broader principle that the military should not be allowed to interfere in the affairs of civilian government is a core American value. It finds expression in the Constitution’s division of power over the military between Congress and the president, and in the guarantees of the Third, Fourth, Fifth, and Sixth Amendments, which were in part reactions to abuses committed by the British army against American colonists.

Today, the Posse Comitatus Act operates as an extension of these constitutional safeguards. Moreover, there are statutory exceptions to the law that allow the president to use the military to suppress genuine rebellions and to enforce federal civil rights laws.

What does the Posse Comitatus Act say?

The Posse Comitatus Act consists of just one sentence: “Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army, the Navy, the Marine Corps, the Air Force, or the Space 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.”

In practice, this means that members of the military who are subject to the law may not participate in civilian law enforcement unless doing so is expressly authorized by a statute or the Constitution.

Are all members of the military covered by the Posse Comitatus Act?
No, only federal military personnel are covered. The Coast Guard, though part of the federal armed forces, has express statutory authority to perform law enforcement and is not bound by the Posse Comitatus Act.

Members of the National Guard are rarely covered by the Posse Comitatus Act because they usually report to their state or territory’s governor. That means they are free to participate in law enforcement if doing so is consistent with state law. However, when Guard personnel are called into federal service, or “federalized,” they become part of the federal armed forces, which means they are bound by the Posse Comitatus Act until they are returned to state control.

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