Cite As 75 Wash. U. L.Q. 953
In response to the military presence in the Southern States during the Reconstruction Era, Congress passed the Posse Comitatus Act<1> ("PCA" or the "Act") to prohibit the use of the Army in civilian law enforcement. The Act embodies the traditional American principle of separating civilian and military authority and currently forbids the use of the Army and Air Force to enforce civilian laws.<2> In the last fifteen years, Congress has deliberately eroded this principle by involving the military in drug interdiction at our borders.<3> This erosion will continue unless Congress renews the PCA's principle to preserve the necessary and traditional separation of civilian and military authority.
The need for reaffirmation of the PCA's principle is increasing because in recent years, Congress and the public have seen the military as a panacea for domestic problems.<4> Within one week of the bombing of the federal building in Oklahoma City,<5> President Clinton proposed an exception to the PCA to allow the military to aid civilian authorities in investigations involving "weapons of mass destruction."<6> In addition to this proposal Congress also considered legislation to directly involve federal troops in enforcing customs and immigration laws at the border.<7> In the 1996 presidential campaign, candidate Bob Dole pledged to increase the role of the military in the drug war, and candidate Lamar Alexander even proposed replacing the Immigration and Naturalization Service and the Border Patrol with a new branch of the armed forces.<8>
The growing haste and ease with which the military is considered a panacea for domestic problems will quickly undermine the PCA if it remains unchecked. Minor exceptions to the PCA can quickly expand to become major exceptions. For example in 1981, Congress created an exception to the PCA to allow military involvement in drug interdiction at our borders. <9> Then in 1989, Congress designated the Department of Defense as the "single lead agency" in drug interdiction efforts.<10> <snip>
http://law.wustl.edu/WULQ/75-2/752-10.html1878 Military Law Gets New Attention
Nov 24, 2001 - This bit of relative antiquity defines the role of the US Military in our lives and keeps us from becoming little more than a wealthy banana republic.
Currently, America's military is largely prohibited from acting as a domestic police force. And while the presence of military "advisors" during the siege, brutality and slaughter at WACO Texas set ominous trends in motion, few thought in terms of its implications. But that was before the terrorism of September 11, 2001, now glibly called "911."
"Our way of life has forever changed,'' wrote Sen. John Warner R-Va., in an October 2001 letter to Defense Secretary Donald Rumsfeld. "Should this law
now be changed to enable our active-duty military to more fully join other domestic assets in this war against terrorism?''
The law, was championed by far-sighted Southern lawmakers in 1878. They had experienced a fifteen year military occupation by the US Army in post-Civil War law enforcement. They understood the heel of a jackboot. <snip>
http://www.dojgov.net/posse_comitatus_act.htm
United States Code as of: 01/06/03
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 67 - MILITARY AND NAVY
Section 1385. Use of Army and Air Force as posse comitatus
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.
http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=18&sec=1385