ABSTRACT

Restriction Upon Use of the Army Imposed by the Posse Comitatus Act   [open pdf - 693KB]

This document argues that the various interpretations the Posse Comitatus Act has received suggest that the act is so vague and indefinite that, as a criminal statute, it might be unconstitutional. "Merely reading the statute serves to indicate some of the issues with which this thesis is concerned. What constitutes a 'part of the Army or the Air Force'? Is it the individuals, the organizations, the reserve components, only the regulars? Why are naval forces omitted? To whom does 'whoever' apply? How broad is the term 'or otherwise' and what does it mean to 'execute the laws'? Purportedly, the statute does not apply in Alaska but what is the impact of Alaskan statehood? Does it apply in Hawaii or the overseas commands? What are the exceptions 'expressly authorized by the Constitution or Act of Congress'? Finally, can the requirement that the constitutional and statutory exceptions be express limit the power of the President in fulfilling his duties to 'take care that the Laws be faithfully executed'?"

Report Number:
DA PAM 27-100-7
Author:
Publisher:
Date:
1960
Copyright:
Public Domain
Retrieved From:
Via email
Format:
pdf
Media Type:
application/pdf
Source:
Military Law Review (January 1960), p.85-129
URL:
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