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The Posse Comitatus Act Explained

by Bluestein on 6/9/25, 10:57 PM with 31 comments

• by vkou on 6/10/25, 12:07 AM

  For persons unaware of the broader context - today, Trump has ordered the deployment of the military against American civilians.

  Which in addition to being morally indefensible is also illegal under this law. Half the country is applauding it.

  He is also calling for the arrest of Governor Newsom.

  (It should be noted that none of this is, of course, remotely as concerning as the tax deductable status of SWE salaries.)

• by mayapugai on 6/10/25, 1:36 AM

  Well, there's no way we don't watch that scene from The West Wing. I'll let the inimitable CJCS Admiral Percy Fitzwallace briefly explain the concept: https://www.youtube.com/watch?v=841qG6VM0UI&t=79s

• by cosmicgadget on 6/10/25, 1:04 AM

  I can definitely see SCOTUS ruling that the act is a violation of separation of powers.

• by slowmovintarget on 6/10/25, 2:42 PM

  > Section 1076 is titled "Use of the Armed Forces in major public emergencies".

  > The President may employ the armed forces ... to ... restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition ... the President determines that ... domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order ... or [to] suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such ... a condition ... so hinders the execution of the laws ... that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law ... or opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws. [1]

  So if I understand correctly, given the modifications to Posse Comitatus, and to the Insurrection Act, there is a legal theory under which the President can "send in the troops." Isn't that the real issue here, whether those statutes and conditions apply?

  The linked article doesn't seem to mention the John Warner National Defense Authorization Act. [2]

  [1] https://en.wikipedia.org/wiki/Posse_Comitatus_Act#2006%E2%80...

  [2] https://en.wikipedia.org/wiki/National_Defense_Authorization...

• by garbagecoder on 6/9/25, 11:01 PM

  I was a CAARNG JAG. You might want a newer article. Recent amendments to posse comitatus are relevant.

• by WorkerBee28474 on 6/10/25, 12:12 AM

  > Are all members of the military covered by the Posse Comitatus Act? No, only... Army and Air Force, a different statute extends the same rule to the Navy and Marine Corps. The Coast Guard... has express statutory authority to perform law enforcement

  So this act is not relevant to today's news