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Posse Comitatus Act
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The Posse Comitatus Act is a United States federal law (18 U.S.C. ยง 1385) passed on June 16, 1878 after the end of Reconstruction. The Act prohibits
most members of the federal uniformed services (Army, Navy, Air Force, Marines, and State National Guard forces when such are called into federal
service) from exercising nominally state law enforcement police or peace officer powers that maintain "law and order" on non-federal property
(States, their counties and municipal divisions) in the former Confederate states.
The statute generally prohibits federal military personnel 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 Coast Guard is exempt from the
Posse Comitatus Act.
The Posse Comitatus Act and the Insurrection Act substantially limit the powers of the federal government to use the military for law enforcement.
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[edit] Recent legislative events
Recent congressionally passed law may have explicitly given this authority to the President. HR5122 also known as the John Warner Defense
Authorization Act was signed by the president on Oct 17, 2006 John Warner National Defense Authorization Act for Fiscal Year 2007. Section 1076 Text
of Hr5122 is titled "Use of the Armed Forces in major public emergencies". Removing the legalese from the text, and combining multiple sentences, it
provides that: The President may employ the armed forces to restore public order in any State of the United States the President determines hinders
the execution of laws that deprive people of a right, privilege, immunity, or protection named in the Constitution and secured by law or opposes or
obstructs the execution of the laws of the United States or impedes the course of justice under those laws. The actual text is on page 322-323 of the
legislation.

