The Posse Comitatus Act, codified as 18 U.S.C. § 1385, generally prohibits the use of the U.S. Army, Air Force, Navy, Marine Corps, and Space Force to enforce civilian laws. It prevents the military from acting as a domestic police force unless specifically authorized by the Constitution or an Act of Congress. The act was established in 1878 to prevent the military from being used to enforce laws in civilian matters, especially after the Civil War. Members of the National Guard are rarely covered by the Posse Comitatus Act because they usually report to their state or territory’s governor. That means they are free to participate in law enforcement if doing so is consistent with state law. However, when Guard personnel are called into federal service, or “federalized,” they become part of the federal armed forces, which means they are bound by the Posse Comitatus Act until they are returned to state control. There are no constitutional exceptions to the Posse Comitatus Act. The law allows only for express exceptions, and no part of the Constitution expressly empowers the president to use the military to execute the law. This conclusion is consistent with the law’s legislative history, which suggests that its drafters chose to include the language about constitutional exceptions as part of a face-saving compromise, not because they believed any existed.
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