Posse Comitatus Act

[Silverback]

The Myth of Posse Comitatus
Major Craig T. Trebilcock, U.S. Army Reserve
October 2000
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Major Craig Trebilcock is a member of the Judge Advocate General’s Corps in the U.S. Army Reserve. He is assigned as an operational law attorney with the 153d Legal Support Organization in Norristown, PA. His area of specialization includes the laws applicable to U.S. forces engaged in operations in both the United States and abroad. Major Trebilcock is a graduate of the University of Michigan (A.B. with high honors, 1982) and the University of Michigan Law School (J.D., 1985). His military education includes the Judge Advocate General Basic Course (1988) and Advanced Course (1992), U.S. Army Command and General Staff College (1997), and the U.S. Navy War College International Relations Seminar (2000). Major Trebilcock is a civilian immigration attorney with the firm of Barley, Snyder, Senft, & Cohen in York, PA.
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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,â€

[Darksaga]

Great read. Thanks

[Silverback]

Great read. Thanks

It is...If you look at the date of the publishing, it makes me curious to see what this article would read like post 9-11.

[Deathy McDeath]

Its kind of odd that you brought this up, Ranger Silverback, as my battalion just got taken off stand-by status to head to New Orleans in case the situation got out of hand. Apparently, we were third in line behind two other straight-leg BNs that were set to go.

I thought we would've made a good asset as far as the recovery effort goes, as we are a BN equipped with LAV's, which are inherantly aquatic.

[VAK]

Its kind of odd that you brought this up, Ranger Silverback, as my battalion just got taken off stand-by status to head to New Orleans in case the situation got out of hand. Apparently, we were third in line behind two other straight-leg BNs that were set to go.

I thought we would've made a good asset as far as the recovery effort goes, as we are a BN equipped with LAV's, which are inherantly aquatic.

Read it again. There are many things about Title 10 I think that were a bit too glossed over. The article was very informative but I think in some cases you have to go over it to see what is really meant.