The Posse Commitatus Act (PCA)

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Intro “Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.” - Title 18, U.S. Code, Section 1385. The Posse Commitatus Act (PCA) was enacted within the United States to set limitations on the use of federal troops against U.S citizens to enforce state laws. The PCA takes the decisive authority to use the military as a Posse away from the local sheriffs and restored the authorization to the President. The military will essentially be used to substitute for lack of or inadequacy of local law …show more content…

Under the Civil Rights Act of 1866, federal forces were permitted to perform law enforcement function to protect the rights of freed slaves. The Civil Rights Act allows The President of the United States to utilize the military when local appointed legal officials are faced with emergency situations. President Ulysses S. Grant deployed the Union Army, for a period of 11 years, to secure polling stations and enforce state and federal laws in former Confederate states consisting of South Carolina, Lousianna, and Florida (Weber 3). This deployment was intended to enforce order, peace, and protect the civil liberties of recently freed slaves …show more content…

While provisions of the Title 10 U.S Code do not apply the PCA to overseas locations, Department of Defense Directive 5525.5 applies the restrictions of the PCA to service members operating outside of the continental United States (Miller 1). Title 10 U.S.C. § 377 requires civilian law enforcement agencies to reimburse DoD for support provided as required by the Economy Act or other applicable law (Brinkerhoff 10). Civilian law enforcement agencies do not have to provide reimbursement for support, under this statute, if the support is either provided; in the normal course of military training or operations, or the result of a benefit to DoD that is substantially equivalent to that which would otherwise be obtained through military training or

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