Posse Comitatus Act relaxation considered
Lawmakers are reportedly considering relaxation of the Posse Comitatus Act of 1878 (Here is the text of 18 US Code s. 1385), which generally prohibits federal soldiers or National Guard troops under federal control from operating in a law enforcement capacity on US soil. Approximately 19,000 active-duty soldiers and 45,000 National Guard soldiers – the latter currently under the control of Louisiana Governor Katheleen Blanco – are now involved in relief efforts. Military and civic officials have thusfar tried to portray their involvement in recovery work and even the National Guard’s law enforcement role does not amount to any sort of martial law.
Gen. Peter Pace, expected to become chairman of the Joint Chiefs of Staff later this year, has called for Posse Comitatus to be reconsidered in response to suggestions that it slowed down deployment of troops, but has not specifically endorsed a relaxation. Sen. John Warner (R-VA), chairman of the Senate Armed Services Committee, has questioned restrictions under the law since the September 11th attacks, and has promised to do so again. Earlier this summer, new Department of Defense contingency plans for response to terrorist attacks also raised questions about the act and domestic deployment of federal troops. Legal scholars, however, have questioned any relaxation of the statute, noting that in earlier disasters “Congress and the public have seen the military as a panacea for domestic problems”, and “minor exceptions to the PCA can quickly expand to become major exceptions” (75 Washington University Law Quarterly 953).
The Rand Corporation offers an overview of the Posse Comitatus Act (pdf), LLRX offers a print-oriented resource guide, and the conservative Cato Institute hosted a debate (video) on the Act’s current applicability in 2002. Reuters has more.
