The Posse Comitatus Act of 1878: An Historical Perspective and Implications for Homeland Defense

This paper will explore the historical background of the Posse Comitatus Act and determine why Congress passed it into law. It will then determine the implications for the U.S. military. Questions that the paper will review are what were the causes of the Posse Comitatus Act and how is that relevant to a reevaluation of the law? Northern Command as the newly established combatant command responsible for homeland defense must have the freedom of action to execute this task. Congress created the Posse Comitatus Act and can repeal or adjust the law if the circumstances require. The events leading up to the passage of the Act show that the Army performed the mission of support to civilian law enforcement extremely well and with discipline and restraint. The law was a result of a political compromise that led to the end of Reconstruction not due to misbehavior or an abuse of power by the Army. Today's military can execute the task in a similar fashion. In order to permit the military to effectively support civilian law enforcement given the current terrorist threat, Congress must rewrite the Posse Comitatus Act.