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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 Insurrection Act of 1807 is a United States federal law [1] that empowers the president of the United States to deploy the U.S. military and federalized National Guard troops within the United States in particular circumstances, such as to suppress civil disorder, insurrection, or rebellion.
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]
The Posse Comitatus Act of 1878 and subsequent Department of Defense policy constrains any member of the United States Army, Air Force, Navy, or Marine Corps, and the National Guard under federal authority from domestically intervening in a law enforcement capacity on United States soil.
The Battle of Liberty Place, or Battle of Canal Street, was an attempted insurrection by the Crescent City White League against the Reconstruction Era Louisiana Republican state government on September 14, 1874, in New Orleans, which was the capital of Louisiana at the time.
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.
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 ...