The Posse Comitatus Act: Is There a Need for Change?

Abstract

Abstract : Americans have long feared a large standing army and military interference in civilian affairs. Military actions in the Reconstruction South, resulted in the Posse Comitatus Act of 1878, 18 U.S.C. S 1385. The Act, a criminal statute, prohibits the use of the military to enforce civilian laws. Exceptions are made for actions specifically authorized by the Constitution or acts of Congress. Military participation in a number of incidents has raised questions as to whether the Act was violated or whether it should be changed to further limit military participation. At the same time, the nation's drug problem resulted in a Presidential declaration of war on drugs. Several statutes were passed to allow the military to have greater involvement in drug interdiction. These statutes have resulted in greater cooperation between civilian law enforcement agencies and the military, but some people have called for even greater involvement by the military to stem further the flow of drugs into this country. Neither the arguments for further curtailing military participation in law enforcement efforts nor the arguments for increased military participation in the fight against drugs the are persuasive. Policy considerations and military necessity may call for a reduced military effort in drug interdiction, but this should not result in a change in the law.