Congressional Research Service ˜ The Library of Congress
CRS Report for Congress
Received through the CRS Web
Order Code RS20590
Updated June 6, 2005
The Posse Comitatus Act and Related
Matters: A Sketch
Jennifer Elsea
Legislative Attorney
American Law Division
Summary
The Posse Comitatus Act states that: 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.
18 U.S.C. § 1385. It reflects an American tradition that bridles at military involvement
in civilian affairs. Congress, however, has approved a number of instances where
extraordinary circumstances warrant a departure from the general rule, particularly in
cases where the armed forces provide civilian assistance without becoming directly
involved in civilian law enforcement. This is an abridged version of The Posse
Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law,
CRS Report 95-964 in which the authorities for the statements made here may be found.
This report summarizes proposed bills that could result in increased interaction between
military and civil authorities. (H.R. 1986, H.R. 1815, S. 1042, S. 1043).
The Posse Comitatus Act, 18 U.S.C. § 1385, is perhaps the most tangible expression
of an American tradition , born in England and developed in the early years of our nation,
that rebels against military involvement in civilian affairs. The Declaration of
Independence listed among our grievances against Great Britain that the King had “kept
among us, in times of peace, Standing Armies without the consent of our legislatures,”
had “affected to render the Military independent of and superior to the civil power.” The
Articles of Confederation addressed the threat of military intrusion into civilian affairs by
demanding that the armed forces assembled during peacetime be no more numerous than
absolutely necessary for the common defense, and by entrusting control to civil authorities
within the states. The Constitution continued the theme. It provided that a civilian, the
President, should be the Commander in Chief of the Army and Navy of the United States
and that civilian authorities, the Congress, should be solely empowered to raise and
support Armies, provide and maintain a Navy, and make rules for their government and
regulation. The Bill of Rights limited the quartering of troops in private homes, U.S.
Const. Amend. III, and noted that “a well regulated Militia, being necessary to the security
of a free State, the right of the people to keep and bear Arms, shall not be infringed,” U.S.
