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Areas of discussion include a brief history of domestic operations--including the authorizations and limitations of the Stafford Act--the Posse Comitatus Act, the Insurrection Act, and the commander's use of intelligence collection assets in DSCA operations, along with some examples.
The endowment of such a power to the president by the Congress is nothing less than a de facto legislative repeal of the Posse Comitatus Act of 1878, the law forbidding the use of the military in domestic law enforcement.
222) Finally in 1878, Congress passed the Posse Comitatus Act to forbid use of the army in law enforcement, except when expressly authorized by Congress.
The Posse Comitatus Act (1878) has served to keep law enforcement efforts less militaristic.
Although the Posse Comitatus Act (7) prohibits the use of federal military personnel in an independent law enforcement capacity within the United States, the Army may provide DSCA "in response to requests for assistance from civil authorities for domestic emergencies, law enforcement support, and other domestic activities, or from qualifying entities for special events.
Yes, the Posse Comitatus act passed in the 19th century forbids a military role in law enforcement among Americans.
Doing so would involve the application of police powers, which is proscribed by the Posse Comitatus Act (18 USC [section]1385 (1878)).
They were extremely limited in what they could do because of the Posse Comitatus Act.
3) This situation continued until 1878, when Congress passed the Posse Comitatus Act following the controversy surrounding the presidential election of 1876.
Bowing to necessity, the government accepted a professional army, but put it under strict controls, including the Posse Comitatus Act.
In the 1980s drugs had served as the excuse to carve out exceptions to the 1878 Posse Comitatus Act forbidding military involvement in domestic law enforcement.
The Posse Comitatus Act is the United States federal law (18 U.