Editing Posse Comitatus Act (section)

==Legislation==
The original provision was enacted as Section 15 of chapter 263, of the Acts of the 2nd session of the [[45th United States Congress|45th Congress]].
{{quote|{{sm|Sec.}} 15. From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section and any person willfully violating the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by fine not exceeding ten thousand dollars or imprisonment not exceeding two years or by both such fine and imprisonment.<ref>152 [[s:Page:United States Statutes at Large Volume 20.djvu/177|Sess. lI. Ch. 263, 264.]] [[45th United States Congress|45th Congress]] (1878) at [[Wikisource]]</ref>}}

The text of the relevant legislation is as follows:

{{quote|{{UnitedStatesCode|18|1385}}. Use of Army, Navy, Marine Corps, Air Force, and Space 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, the Navy, the Marine Corps, the Air Force, or the Space 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.}}

Also notable is the following provision within [[Title 10 of the United States Code]] (which concerns generally the organization and regulation of the armed forces and Department of Defense):

{{quote|{{UnitedStatesCode|10|275}}. Restriction on direct participation by military personnel

The [[United States Secretary of Defense|Secretary of Defense]] shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.}}

===2006–2007 suspension===

In 2006, Congress modified the [[Insurrection Act of 1807|Insurrection Act]] as part of the [[H.R. 5122 (2006)|2007 Defense Authorization Bill]] ([[Insurrection Act of 1807#Repeal of amendments|repealed]] as of 2008). On September 26, 2006, President [[George W. Bush]] urged Congress to consider revising federal laws so that U.S. armed forces could restore public order and enforce laws in the aftermath of a natural disaster, terrorist attack or incident, or other condition. [[Insurrection Act of 1807#Amendments of 2006|These changes]] were included in the [[John Warner National Defense Authorization Act for Fiscal Year 2007]] ({{USBill|109|HR|5122}}), which was signed into law on October 17, 2006.<ref>{{Cite web |url= https://www.govtrack.us/congress/bills/109/hr5122|title=John Warner National Defense Authorization Act for Fiscal Year 2007 (2006 – H.R. 5122)| via= GovTrack.us |access-date= September 29, 2019}}</ref>

Section 1076 is titled "Use of the Armed Forces in major public emergencies". It provided that:
{{quote|The President may employ the armed forces ... to ... restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition ... the President determines that ... domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order ... or [to] suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such ... a condition ... so hinders the execution of the laws ... that any part or class of its people is deprived 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.<ref>{{USBill|109|HR|5122}}, pp. 322–23</ref>}}

In 2008, these changes in the Insurrection Act of 1807 were [[Insurrection Act of 1807#Repeal of amendments|repealed in their entirety]], reverting to the previous wording of the Insurrection Act.<ref>{{cite news | title = H.R. 4986: National Defense Authorization Act for Fiscal Year 2008 | via= GovTrack.us | year = 2008 | url = http://www.govtrack.us/congress/bill.xpd?bill=h110-4986 | access-date = January 24, 2008}}</ref> It was initially written to limit presidential power as much as possible in the event of insurrection, rebellion, or lawlessness.