Posse Comitatus

Old English institution consisting of the shire's force of able-bodied private citizens called together to assist in maintaining public order. Originally raised and commanded by the sheriff, the posse comitatus became a purely civil instrument as the office of sheriff later lost its military functions. From time to time, legislation gave authority to other peace officers and magistrates to call upon the power of the county. This is the beginning of posse comitatus, and it would not come to the Americas until the late 1800’s. Still in effect today there are still many changes that have been made to the Posse Comitatus Act and the new threats that are occurring in the 20th century.

I would first like to start with the history of the Posse Comitatus Act of 1878. This law was passed at the end of the Reconstruction, with the intention to limit the powers of the federal government to use military for law enforcement. Posse comitatus means “the power of the county,” reflecting the inherent power of the old West county sheriff to call upon a posse of able-bodied men to supplement law enforcement assets and thereby maintain the peace. Following the Civil War, the military consisting mostly of the Army had been used extensively throughout the South to maintain civil order, to enforce the policies of the Reconstruction era, and to ensure that any lingering sentiments of rebellion were crushed. However, in reaching those goals, the Army necessarily became involved in traditional police roles and in enforcing politically volatile Reconstruction-era policies. The stationing of federal troops at political events and polling places under the justification of maintaining domestic order became of increasing concern to Congress, which felt that the military was becoming politicized and straying from its original national defense mission. The Posse Comitatus Act was passed to remove the Army from civilian law enforcement and to return it to its role of defending the borders of...