Posse Comitatus definition

Posse Comitatus literally means the “power of the county” and was the term used to describe the ability of federal marshals to call forth all able-bodied men to include military forces to enforce civil law. The questionable use of this relatively common practice at times brought about the Posse Comitatus Act (PCA) that became law on 18 June 1878. This Act originally proscribed the use of the Army to enforce civil laws and with subsequent revisions expanded its application to the Air Force. This seems relatively simple and easy to interpret. The PCA seems also, at first glance, fairly innocuo us and straightforward. Yet, as its history shows, it is shrouded in controversy and misunderstandings. These misunderstandings of the issues surrounding the PCA, as well as the difficulties of interpretation of this law place the United States military and civilian law enforcement agencies in potentially compromising situations. Unfortunately, “Our enemies, of course, do not recognize the artificial construct between law enforcement and national defense.”1 Due to these issues and the issues of homeland security the United States now faces, it is necessary to improve clarity in Department of Defense (DoD) interpretation and guidance of the PCA so that operational commanders are able to
View Source
Posse Comitatus means literally "the power of the county"—defined at common law as all those over the age of fifteen upon whom a sheriff could call for assistance in preventing any type of civil disorder. United States v. Hartley, 796 F.2d 112, 114 n.3 (5th Cir. 1986). The PCA was enacted at the end of Reconstruction for the purpose of "limit[ing] the direct active use of
View Source
Posse Comitatus means adult residents of the County summoned by the Sheriff to assist him or her in times of public emergency for the purpose of preserving the public peace or for the pursuit of felons.
View Source

Examples of Posse Comitatus in a sentence

  • In a non-federalized status the National Guard is commanded by the Governor of their respective State and not subject to the provisions of the Posse Comitatus Act.

  • In a non-federalized status, the GaNG is commanded by the Governor of Georgia and not subject to the provisions of the Posse Comitatus Act.

  • In a non-federalized status the Washington National Guard is commanded by the Governor of the state of Washington and not subject to the provisions of the Posse Comitatus Act.

  • In a non-federalized status, the National Guard is commanded by the Governor of their respective State and not subject to the provisions of the Posse Comitatus Act.

  • In a non-federalized status the national Guard is commanded by the Governor of their respective State and not subject to the provisions of the Posse Comitatus Act.

  • The Utah National Guard in a non-federalized (Title 32) status is under the control of the Governor of Utah and not subject to the provisions of the Posse Comitatus Act, 18 USC 1385.

  • Poland: 158, 246, 441 Port-au-Prince, Haiti: 435–36 Ports Vietnam: 338 World War II: 126, 148, 149, 150, 151, 152, 153, 154, 155, 186 Posse Comitatus Act of 1878: 462 Post closings: 60 Post Office Department: 63 Postal strike: 281 Potsdam Conference: 193, 204.

  • Responding military personnel must adhere to the Posse Comitatus Act and will not enforce or execute civilian laws unless directed by the President of the United States.

  • In a non-federalized status the national Guard is commanded by the Governor of Alabama and not subject to the provisions of the Posse Comitatus Act.

  • Posse Comitatus restrictions do not apply within National Defense Areas.

Related to Posse Comitatus

  • Stillbirth means a stillbirth resulting from a person’s pregnancy, the pregnancy of a person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth.

  • the Employment, Skills and Enterprise Scheme means a scheme under section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Jobseekers Act 1995 known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants for job-seekers allowance to obtain employment, including self- employment, and which may include for any individual work-related activity (including work experience or job search);

  • Druggist means any person who holds a valid certificate and

  • AT&T-12STATE means the AT&T owned ILEC(s) doing business in Arkansas, California, Illinois, Indiana, Kansas, Michigan, Missouri, Nevada, Ohio, Oklahoma, Texas and Wisconsin.

  • glider means a non-power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces, which remain fixed under given conditions of flight;