Posse Comitatus Act Obliterated

The Posse Comitatus Act generally prohibits federal military personnel and units of the United States National Guard under federal authority from acting in a law enforcement capacity within the United States.

In 2006, President George W. Bush pushed a Republican-controlled Congress to pass the John Warner National Defense Authorization Act for Fiscal Year 2007, which included a section titled “Use of the Armed Forces in major public emergencies.” This section provided that “The President may employ the armed forces to restore public order in any State of the United States the President determines.” In effect, this bill obliterated Posse Comitatus.

Now, President Bush has authorized an Army brigade to be assigned the new role of dealing exclusively with domestic law enforcement and related duties.