Gavin Howe
The involvement of military personnel in civilian law enforcement is a contentious issue. In the US, the Posse Comitatus Act (PCA) prohibits the use of federal military personnel in enforcing domestic policies. However, there are exceptions to this rule, such as when the President authorises the use of the military to suppress rebellions or protect federal property. The PCA also doesn't apply to the Coast Guard, which has law enforcement powers, or the National Guard, which can act in a law enforcement capacity within its home state or adjacent states with the governor's consent. The separation of military and police roles is based on the principle that they have distinct duties and areas of expertise. While the military is trained to fight wars, law enforcement officers are trained to enforce domestic law and possess specialised investigative skills.
| Characteristics | Values |
|---|---|
| Purpose | Military: Fight wars |
| Law enforcement: Enforce domestic law | |
| Training | Military: Use of force |
| Law enforcement: Investigation and prosecution | |
| Both: Tactical approaches that require command, control, coordination, and communication | |
| Source of authority | Military: President and Congress |
| Law enforcement: State | |
| Use in civil disturbances | Military: Allowed in emergencies and to protect federal property |
| Law enforcement: Not applicable | |
| Exceptions | Military: Coast Guard, National Guard |
| Law enforcement: N/A |
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What You'll Learn
Military police
In Canada, military police have the power to arrest and charge non-military civilians in cases where a crime is committed on or in relation to Department of National Defence (DND) property or assets, or at the request of specific high-ranking officials. While their jurisdiction is limited to DND property, any civilian accessing these areas falls under their jurisdiction. Military police in Canada also have the power to enforce provincial highway traffic acts on all military bases.
The Air Force also maintains a military police force, sometimes called "air police", "security police", or "security forces". In the United States, the Coast Guard acts as a law enforcement agency, patrolling, investigating crimes, and enforcing laws and regulations on large bases and training centers. Military police can be identified by their uniforms, which often include a helmet, armband, brassard, or shoulder flash, as well as a traditional police badge.
While there is a separation of military and police roles, with each performing differentiated duties, there have been instances of the military being called into action during national emergencies or civil disorders. For example, the military has been deployed during natural disasters, such as Hurricane Katrina, and civil unrest, such as the 1992 Los Angeles riots. However, there are concerns about the use of the military in domestic law enforcement, as highlighted by incidents like the Kent State shootings. The Posse Comitatus Act in the United States specifically addresses the separation of military and police roles, prohibiting the use of the military in civilian law enforcement unless authorized by statute or the Constitution.
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Military and law enforcement differences
Military personnel are trained to defend their country from foreign military threats and are equipped with weapons designed to kill the enemy. On the other hand, law enforcement personnel are meant to enforce domestic law. Military and law enforcement differ in areas such as their source of authority, training in the use of force, investigation and prosecution, and enforcing laws while ensuring civil liberties. For example, military police are trained in "shoot to kill", whereas law enforcement officers are taught to de-escalate situations.
In the United States, the Posse Comitatus Act places limits on the federal government's ability to deploy military personnel for domestic law enforcement. The Act, passed in 1878, embodies the American tradition that views military interference in civilian affairs as a threat to democracy and personal liberty. However, there have been instances of increased militarization of the police, such as the establishment of the Law Enforcement Support Office (LESO) in 1990, which mandates the transfer of excess DoD property to law enforcement agencies.
While the military and law enforcement have distinct roles and responsibilities, there is some overlap in their duties, particularly in gray area threats like drug trafficking, organized crime, and terrorism. These situations require a collaboration between the two, with law enforcement officers utilizing their investigative skills and procedures for building cases, while the military provides support and protection.
It is worth noting that veterans comprise an estimated 20% of law enforcement personnel in the United States. This highlights the unique skills and perspectives that veterans can offer to police agencies, despite the differences in training and duties between the military and law enforcement roles.
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Posse Comitatus Act
The Posse Comitatus Act is a United States federal law that limits the powers of the federal government in the use of federal military personnel to enforce domestic policies within the United States. The Act was signed on June 18, 1878, by President Rutherford B. Hayes. It was passed as an amendment to an army appropriation bill following the end of Reconstruction and the return of white supremacists to political power in both southern states and Congress. The Act prohibits the use of the Armed Forces as a posse comitatus to execute the laws except in cases and under circumstances expressly authorized by the Constitution or an Act of Congress.
The title of the Act comes from the legal concept of posse comitatus, which refers to the authority under which a county sheriff, or another law officer, can conscript any able-bodied person to assist in keeping the peace. In British and American law, a posse comitatus is a group of people who are mobilized by the sheriff to suppress lawlessness in the county. The Posse Comitatus Act was passed to prohibit the use of soldiers as a posse comitatus.
The Posse Comitatus Act originally applied only to the United States Army, but amendments over the years have expanded its scope to include the United States Air Force, Navy, Marine Corps, and Space Force. The Act does not apply to the Army National Guard or the Air National Guard under state authority, allowing them to act in a law enforcement capacity within their home state or in an adjacent state if invited by that state's governor. The Coast Guard is also exempt from the Act as it has explicit statutory authority to perform law enforcement functions.
While the Posse Comitatus Act generally prohibits the use of the military in civilian law enforcement, there are exceptions. The most notable exception is the Insurrection Act, which allows the President to use the military to suppress rebellions, enforce federal law, or protect civil rights in a state. Another exception is the "military purpose doctrine," which holds that actions taken primarily to further a military purpose do not violate the Act, even if they incidentally benefit civilian law enforcement.
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Military interference in civilian government
In the United States, the Posse Comitatus Act prohibits the military from participating in civilian law enforcement, reflecting the American tradition of viewing military interference as a danger to liberty. However, exceptions exist, such as the Insurrection Act, which allows the president to deploy the military domestically under specific circumstances, like suppressing rebellions or enforcing federal court orders.
Huntington's 1957 study argued that as societies industrialize, their militaries become more professionalized and embrace the liberal democratic view that the military should serve, not dominate, society. However, this perspective has been challenged by examples of highly professional armies overthrowing democratically elected governments, as seen in Latin America in the 1970s.
Military intervention in civilian government can occur through various mechanisms, including coups d'état, insurgencies, or military officers seizing power. Coups typically occur when there is a perceived threat to the military's interests, such as funding cuts or civilian interference. Insurgencies, on the other hand, are informal groups of militants that seize power without adhering to formal military structures. Military rulers often justify their intervention as a means to protect the people from political repression or economic failure.
The risk of military dictatorship is higher in newly established democracies, where civilian control over the military is still fragile. Additionally, in post-colonial contexts, newly independent states may inherit relatively powerful bureaucracies and armies, leading to a military-bureaucratic oligarchy that effectively controls the state.
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Military use in national emergencies
In the United States, the use of military forces in civilian law enforcement is generally prohibited by the Posse Comitatus Act. This Act was passed in 1878 to uphold the principle that the military should not interfere in civilian affairs, which is considered a threat to democracy and personal liberty.
However, there are exceptions to this Act. The Insurrection Act, enacted in 1792, grants the President the authority to deploy the military domestically under certain conditions, such as suppressing rebellion, enforcing the law, or responding to natural disasters and public health crises. For example, Presidents Dwight D. Eisenhower and John F. Kennedy used this provision to deploy troops to desegregate schools in the South. The Department of Defense (DoD) has also claimed that the Constitution grants military commanders "emergency authority" to use federal troops to quell large-scale civil disturbances or protect federal property when local governments cannot or will not.
In times of national emergencies, the military can be used to support civilian Federal, state, and local governmental organizations. Their capabilities in search and rescue, logistics, transportation, medical aid, engineering, and related services are often employed by civilian agencies. During the COVID-19 pandemic, military bases were used for quarantining citizens, and the National Guard supported law enforcement with supplies, communications, and transportation.
While the military can provide valuable support during national emergencies, its use is carefully regulated to prevent abuse of power and to protect the rights of citizens.
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Frequently asked questions
The Posse Comitatus Act is a United States federal law that limits the powers of the federal government in the use of federal military personnel to enforce domestic policies within the United States. The Act was signed on June 18, 1878, by President Rutherford B. Hayes.
The purpose of the Posse Comitatus Act is to prevent the military from interfering in the affairs of civilian government. The Act operates as an extension of constitutional safeguards that divide power over the military between Congress and the president.
Yes, there are exceptions to the Posse Comitatus Act that allow the president to use the military to suppress genuine rebellions and enforce federal civil rights laws. For example, in 1957, President Dwight D. Eisenhower used an exception to the Act to send federal troops to Little Rock, Arkansas, during the school desegregation crisis.
