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Congressional Research Service Report for Congress Jennifer Elsea Legislative Attorney American Law Division Congressional Research Service, The Library of Congress Updated June 6, 2005 Summary When the Act Does Not Apply Military Coverage Geographical Application Consequences of Violation Proposed New Exceptions Summary The Posse Comitatus Act states that: Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both. 18 U.S.C. § 1385. It reflects an American tradition that bridles at military involvement in civilian affairs. Congress, however, has approved a number of instances where extraordinary circumstances warrant a departure from the general rule, particularly in cases where the armed forces provide civilian assistance without becoming directly involved in civilian law enforcement. This is an abridged version of The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law, CRS Report 95-964 in which the authorities for the statements made here may be found. This report summarizes proposed bills that could result in increased interaction between military and civil authorities. (H.R. 1986, H.R. 1815, S. 1042, S. 1043). The Posse Comitatus Act, 18 U.S.C. § 1385, is perhaps the most tangible expression of an American tradition , born in England and developed in the early years of our nation, that rebels against military involvement in civilian affairs. The Declaration of Independence listed among our grievances against Great Britain that the King had

Council on Spiritual Practices - Entheogen Chrestomathy entry