{
  "id": "95-964",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "95-964",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 340444,
      "date": "2000-06-01",
      "retrieved": "2016-05-24T20:36:25.576941",
      "title": "The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law",
      "summary": "The Posse Comitatus Act outlaws willful use of any part of the Army or Air Force to execute\nthe law unless expressly authorized by the Constitution or an Act of Congress. History supplies the\ngrist for an argument that the Constitution prohibits military involvement in civilian affairs subject\nto only limited alterations by Congress or the President, but the courts do not appear to have ever\naccepted the argument unless violation of more explicit constitutional command could also be\nshown. The provision for express constitutional authorization when in fact the Constitution contains\nno such express authorizations has been explained alternatively as a meaningless political face\nsaving device or as an unartful reference to the President's constitutional powers. The express\nstatutory exceptions include the legislation which allows the President to use military force to\nsuppression insurrection, 10 U.S.C.  331-335, and sections which permit the Department of Defense\nto provide federal, state and local police with information and equipment, 10 U.S.C.  371-381.\n Existing case law indicates that \"execution of the law\" in violation of the Posse Comitatus Act\noccurs (a) when the armed forces perform tasks which are assigned not to them but to an organ of\ncivil government, or (b) when the armed forces perform tasks assigned to them solely for purposes\nof civilian government. Questions arise most often in the context of assistance to civilian police. \nAt least in this context, the courts have held that, absent a recognized exception, the Posse Comitatus\nAct is violated, (1) when civilian law enforcement officials make \"direct active use\" of military\ninvestigators; or (2) when the use of the military \"pervades the activities\" of the civilian officials;\nor (3) when the military is used so as to subject \"citizens to the exercise of military power which was\nregulatory, prescriptive, or compulsory in nature.\" The Act is not violated when the armed forces\nconduct activities for a military purpose which have incidental benefits for civilian law enforcement\nofficials.\n The language of the Act mentions only the Army and the Air Force, but it is applicable to the\nNavy and Marines by virtue of administrative action and commands of other laws. The law\nenforcement functions of the Coast Guard have been expressly authorized by act of Congress and\nconsequently cannot be said to be contrary to the Act. The Act has been applied to the National\nGuard when it is in federal service, to civilian employees of the armed forces, and to off-duty\nmilitary personnel.\n The Act is probably only applicable within the geographical confines of the United States, but\nthe supplemental provisions of 10 U.S.C.  371-381 appear to apply world-wide. Finally, the Act is\na criminal statute under which there has never been a prosecution. Although violations will on rare\noccasions result in the exclusion of evidence, the dismissal of criminal charges, or a civil cause of\naction, as a practical matter compliance is ordinarily the result of military self-restraint.This report\nappears in abridged form as  CRS Report RS20590 ,  The Posse Comitatus Act: A Sketch .",
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      "typeId": "REPORTS",
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  "topics": [
    "American Law",
    "Constitutional Questions",
    "Foreign Affairs",
    "National Defense"
  ]
}