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The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385, original at 20 Stat. 152) signed on June 18, 1878, by President Rutherford B. Hayes that limits the powers of the federal government in the use of federal military personnel to enforce domestic policies within the United States.
The act provides a "statutory exception" to the Posse Comitatus Act of 1878, which limits the use of military personnel under federal command for law enforcement purposes within the United States. [2] [3] Before invoking the powers under the act, 10 U.S.C. § 254 requires the President to publish a proclamation ordering the insurgents to ...
The posse comitatus as an English jurisprudentially defined doctrine dates back to 9th-century England and the campaigns of Alfred the Great, and before in ancient custom and law of locally martialed forces, simultaneous thereafter with the officiation of sheriff nomination to keep the regnant peace (known as "the queen/king's peace"). [2]
Much is based upon the suspect's status as a civilian or service member. When combined, the Posse Comitatus Act and Insurrection Act place significant limits on presidential power to use the military in a law-enforcement capacity with the exception of military police forces. With regard to reporting crime to federal courts, military police are ...
The Posse Comitatus followed an ideology based on the teachings of William Potter Gale, who was also a Christian Identity minister. This ideology holds the view that state and federal governments are agents of an arcane conspiracy to deprive Americans of their rights as " sovereign citizens ."
The Posse Comitatus Act, passed in 1878, generally prohibits Federal military personnel (except the United States Coast Guard) and units of the United States National Guard under Federal authority from acting in a law enforcement capacity within the United States, except where expressly authorized by the Constitution or Congress.
Crawley P. Dake (September 15, 1836 – April 9, 1890) was a lawman and business owner best known for having served as the U.S. Marshal for the Arizona Territory from 1878 to 1882, during a time of notorious lawlessness in frontier towns like Tombstone.
Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866), is a landmark decision of the U.S. Supreme Court that ruled that the use of military tribunals to try civilians when civil courts are operating is unconstitutional.