The Old Dog Barks

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The Myth of Posse Comitatus

by

Major Craig T. Trebilcock, U.S. Army Reserve

Submitted by idunnits on Thu, 12/18/2008 – 15:05
in Daily Paul Liberty Forum

http://www.dailypaul.com/76544/the-myth-of-posse-comitatus-

by-major-craig-t-trebilcock-us-army-reserve

The Posse Comitatus Act has traditionally been viewed as a
major barrier to the use of U.S. military forces in
planning for homeland defense.[1] In fact, many in uniform
believe that the act precludes the use of U.S. military
assets in domestic security operations in any but the most
extraordinary situations. As is often the case, reality
bears little resemblance to the myth for homeland defense
planners. Through a gradual erosion of the act’s
prohibitions over the past 20 years, posse comitatus today
is more of a procedural formality than an actual impediment
to the use of U.S. military forces in homeland defense.

History

The original 1878 Posse Comitatus Act was indeed passed
with the intent of removing the Army from domestic law
enforcement.Posse comitatus means “the power of the county,”
reflecting the inherent power of the old West county
sheriff to call upon a posse of able-bodied men to
supplement law enforcement assets and thereby maintain the
peace. Following the Civil War, the Army had been used
extensively throughout the South to maintain civil order,
to enforce the policies of the Reconstruction era, and to
ensure that any lingering sentiments of rebellion were
crushed. However, in reaching those goals, the Army
necessarily became involved in traditional police roles
and in enforcing politically volatile Reconstruction-era
policies. The stationing of federal troops at political
events and polling places under the justification of
maintaining domestic order became of increasing concern to
Congress, which felt that the Army was becoming politicized
and straying from its original national defense mission.
The Posse Comitatus Act was passed to remove the Army from
civilian law enforcement and to return it to its role of
defending the borders of the United States.

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