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Posse Comitatus Act

Posted by zeakster on December 2, 2008


20 Stat. L., 145

June 18, 1878

CHAP. 263 – An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and for other purposes.

SEC. 15. From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section And any person willfully violating the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by fine not exceeding ten thousand dollars or imprisonment not exceeding two years or by both such fine and imprisonment.

10 U.S.C. (United States Code) 375

Sec. 375. Restriction on direct participation by military personnel: 

The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.

18 U.S.C. 1385

Sec. 1385. Use of Army and Air Force as posse comitatus

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.

Editor’s Note: The only exemption has to do with nuclear materials (18 U.S.C. 831 (e)


4 Responses to “Posse Comitatus Act”

  1. Jason said

    If the purpose of this post is to show the illegality of the recent deployment of US Army forces in the USA, i am with you, brother, 100%.

    Also keep keen eye on Obama’s nazi-like plan for “civilian army”.

    This is a good time to exercise your 2nd amendment rights if you have not done so.

    I implore fellow citizens not to sit on your hands while your neighbors are searched without warrant, and when these para-military forces are marching through your neighborhoods. These things may not happen (I pray), but they may very well happen if the evil in Washington and throughout our civil governments sense a complacent populous.

    J. Madison, John & Samual Adams, T. Jefferson, B. Franklin, and the rest recognized the need for vigilance of the citizenry to protect Liberty, from the Tyrany of Government.

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