
"The Posse Comitatus Act is a nearly 150-year-old federal law that limits the U.S. military's role in enforcing domestic laws. At its core, experts say the law reflects America's long-standing belief that law enforcement should remain in civilian hands, separate from military power. President Donald Trump has tested the law's limits in the first few months of his second term, as he expands the footprint of the U.S. military on domestic soil."
"The criminal statute prohibits military enforcement of domestic law. It also prevents the military from investigating local crimes, overriding local law enforcement or compelling certain behavior. There are key exceptions. Congress can vote to suspend the act, or the president can order it suspended in defense of the Constitution. The Insurrection Act of 1807 allows the president to deploy troops during invasions, rebellions or when local authorities can't maintain order."
"National Guard members are under state authority and commanded by governors, so they're generally exempt. However, the Posse Comitatus Act applies to National Guard forces when they're federalized, meaning the president puts them under his control. That's what Trump did in California over the governor's objections. The military is allowed to share intelligence and certain resources if there's an overlap with civilian law enforcement jurisdiction, according to the Library of Congress."
The Posse Comitatus Act is a nearly 150-year-old federal law that prohibits the U.S. military from enforcing domestic law, investigating local crimes, overriding local law enforcement, or compelling certain behavior. Key exceptions include congressional suspension, presidential suspension in defense of the Constitution, and the Insurrection Act of 1807, which allows troop deployment during invasions, rebellions, or when local authorities cannot maintain order. National Guard members normally serve under state governors and are exempt unless federalized, at which point the act applies. The military may share intelligence and resources when missions overlap with civilian law enforcement. The U.S. Coast Guard retains law enforcement authority.
#posse-comitatus-act #insurrection-act-of-1807 #national-guard-federalization #civil-military-relations
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