Troops Defending the Homeland: The Posse Comitatus Act and the Legal Environment for a Military Role in Domestic Counter Terrorism

The United States has been unique in entrusting law enforcement to civilian forces, at the lowest levels of government in its federal system. Its revolutionary and constitutional heritage likewise led to a sharp separation of civilian and military spheres of government, and to the subordination of t...

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Bibliographic Details
Published in:Terrorism and political violence 2002-09, Vol.14 (3), p.1-41
Main Author: Banks, W.C.
Format: Article
Language:English
Subjects:
Armed forces
Civil-military relations
Constitutional history
Government
History
Law Enforcement
Legislation
Military Civilian Relations
National Security
Terrorism
U.S.A
United States of America
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Summary:The United States has been unique in entrusting law enforcement to civilian forces, at the lowest levels of government in its federal system. Its revolutionary and constitutional heritage likewise led to a sharp separation of civilian and military spheres of government, and to the subordination of the military to civilian authority. Although the domestic deployment of troops has occurred throughout US history, the Posse Comitatus Act of 1878 established a presumption against the use of the military to enforce the laws. While the Posse Comitatus Act remains as a symbol of the nation's distaste for military involvement in civilian law enforcement, concerns about homeland defense and catastrophic terrorism have led many to anticipate an enhanced role for the military in defending the homeland. The article reviews those recent developments and assesses the legal and practical problems that this trend portends.
ISSN:0954-6553
1556-1836
DOI:10.1080/714005626