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Q: U.S. post civil war in the South ( Answered,   0 Comments )
Question  
Subject: U.S. post civil war in the South
Category: Reference, Education and News > General Reference
Asked by: timmy13-ga
List Price: $2.00
Posted: 15 Dec 2003 08:46 PST
Expires: 14 Jan 2004 08:46 PST
Question ID: 287332
After the U.S. civil war there was a problem with the military
policing in the south and there was a law passed and I believe it was
possitama or something??
Answer  
Subject: Re: U.S. post civil war in the South
Answered By: thx1138-ga on 15 Dec 2003 09:11 PST
 
Hello timmy13 and thank you for your question.

I believe the law you are looking for is the Posse Comitatus Act of
1878 Title 18 US Code, PART I, Chapter 67, § 1385.

"The Posse Comitatus Act is a law of the United States (18 USC 1385)
passed in 1878, after the end of Reconstruction, and was intended to
prohibit Federal troops from supervising elections in former
Confederate states. It generally prohibits Federal military personnel
and units of the 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 original act
only referred to the Army, but the Air Force was added in 1956 and the
Navy and Marine Corps have been included by a regulation of the
Department of Defense. This law is mentioned whenever it appears that
the Department of Defense is interfering in domestic disturbances.
There are a number of exceptions to the act. These include 


National Guard units while under the authority of the governor of a state 
troops when used in pursuant to the Federal authority to quell
domestic violence as was the case during the Rodney King riots
The relevant legislation is as follows: 


Sec. 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://www.sciencedaily.com/encyclopedia/Posse_Comitatus_Act

Also see:

"Posse Comitatus Act
Source: G-OPL

"POSSE COMITATUS ACT" (18 USC 1385): A Reconstruction Era criminal law
proscribing use of Army (later, Air Force) to "execute the laws"
except where expressly authorized by Constitution or Congress. Limit
on use of military for civilian law enforcement also applies to Navy
by regulation. Dec '81 additional laws were enacted (codified 10 USC
371-78) clarifying permissible military assistance to civilian law
enforcement agencies--including the Coast Guard--especially in
combating drug smuggling into the United States. Posse Comitatus
clarifications emphasize supportive and technical assistance (e.g.,
use of facilities, vessels, aircraft, intelligence, tech aid,
surveillance, etc.) while generally prohibiting direct participation
of DoD personnel in law enforcement (e.g., search, seizure, and
arrests). For example, Coast Guard Law Enforcement Detachments
(LEDETS) serve aboard Navy vessels and perform the actual boardings of
interdicted suspect drug smuggling vessels and, if needed, arrest
their crews). Positive results have been realized especially from Navy
ship/aircraft involvement"
http://www.uscg.mil/hq/g-cp/comrel/factfile/Factcards/PosseComitatus.html

Thank you for your question and if you have any questions regarding my
answer, do not hesitate to ask for clarification.

Very best regards

THX1138

Search strategy included:
"passed after the civil war"
://www.google.com/search?hl=en&lr=&ie=UTF-8&oe=UTF-8&q=%22passed+after+the+civil+war%22
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