...circumstances under which the United States Armed Forces can be used to enforce the domestic law. That act states: "Whoever, except in cases and under circumstances...authorized by the Constitution or act of Congress, wilfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the...

...elevation of the military's role and a general embracing of posse comitatus. Posse comitatus dictates that, "Whoever, except in cases and under circumstances...this title or imprisoned not more than two years, or both." 13 These firm limitations imposed by the law inhibit military activities in day-to-day civilian...

...of Defense. For example, the Posse Comitatus Act (PCA), Title 18 of the US Code (USC), Section 1385, states: "Whoever, except in cases and under circumstances...of Congress, willfully uses any part of the Army or Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or...

...18 US Code, Section 1385 — "Use of Army and Air Force aa posse comiutuj. Whoever, except in cues and under circumstances expressly authorized by the...Constitution or Act of Congress, willfully uses any pail of the Army or ihc Air Force as a posse comitarus or otherwise to execute the laws shall be fined...

..."Posse Comitatus Act"), prohibits ihe use of the Aimed Forces as a posse comitatus to execute the laws except in cases and under circumstances expressly authorized by the Constitution or Act of Congress. (2) Enacted in 1 878, the Posse Comitatus Act was expressly intended to prevent United States Marshals,...

...track. NOTES 1. 18 USC § 1385 119941 1"Whoever, except in cases and under circumstances expressiv authorized by the Constitution or Act of Congress....posse comitatus or otherwise to execute the laws shall he fined under ihis title or imprisoned not more than two years. or both."1. 2. According to former...

...prohibition that many consider it to be (4). A rather significant loophole is written directly into the law: Whoever, except in cases and under circumstances expressly...willfully uses any part of the Army or the Air Force (later to include Navy and United States Marine Corps as well) as a Posse Comitatus or otherwise to...

...modified several times since the 1800s, it still prohibits the US military from enforcing civil laws "except in cases and under circumstances expressly...authorized by the Constitution or Act of Congress." This remains the reason that—in times of crisis— the National Guard and not the US Army is usually...

...[hereinafter GC]. 28. See, eg, Commentaries (Protocol I), supra note 24, at 385. 29. 18 USC §1385. ("Whoever, except in cases and under circumstances...this title or imprisoned not more than two years, or both.") 30. The successful prosecution of the first World Trade Center "bombers" is often cited...

...seizures. Passed in 1878 in the aftermath of the US Civil War, the law states: "Whoever, except in cases under circumstances expressly authorized by the Constitution...this title or imprisoned not more than two years, or both." The rationale is that the purpose of a military should be limited to defending violent threats...