Military Aid To The Civil Power - United States

United States

The Posse Comitatus Act, passed in 1878, generally prohibits Federal military personnel (except the United States Coast Guard) and units of the United States National Guard under Federal authority from acting in a law enforcement capacity within the United States, except where expressly authorized by the Constitution or Congress.

The original act only referred to the Army, but the Air Force was added in 1956 and the Navy and Marine Corps have been included by a regulation of the Department of Defense. This law is mentioned whenever it appears that the Department of Defense is interfering in domestic disturbances.

However, the National Guard may still be used for police-like duties if still under control of the state, as with the 1967 Detroit race riots.

Repeated caveats have been added to the Posse Comitatus Act over the years by subsequent legislation.

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