Posse comitatus act of 1878 pdf

This article is about posse comitatus act of 1878 pdf Posse Comitatus Act in the United States. For other uses of posse comitatus, see Posse comitatus. Signed into law by President Rutherford B. June 18, 1878 by President Rutherford B.


It was passed as an amendment to an army appropriation bill following the end of Reconstruction, and was subsequently updated in 1956 and 1981. The Act only specifically applies to the United States Army and, as amended in 1956, the United States Air Force. While the Act does not explicitly mention the United States Navy and the United States Marine Corps, the Department of the Navy has prescribed regulations that are generally construed to give the Act force with respect to those services as well.

The Act does not apply to the Army National Guard and the Air National Guard under state authority from acting in a law enforcement capacity within its home state or in an adjacent state if invited by that state’s governor. The United States Coast Guard, which operates under the Department of Homeland Security, is not covered by the Posse Comitatus Act either, primarily because although the Coast Guard is an armed service, it also has both a maritime law enforcement mission and a federal regulatory agency mission.

The title of the act comes from the legal concept of Posse comitatus, the authority under which a county sheriff, or other law officer, conscripts any able-bodied man to assist him in keeping the peace. 15 of the appropriations bill for the Army for 1879, found at 20 Stat. The president withdrew federal troops from the Southern States as a result of a compromise in one of the most disputed national elections in American history, the 1876 U. Tilden of New York, the Democratic candidate, defeated Republican candidate Rutherford B.

Hayes of Ohio in the popular vote. 20 disputed electoral votes remained uncounted.