The Posse Comitatus Act concerns the Insurrection Act established in 1807. Purposely, the act was designed to ensure that the federal government powers are limited when it comes to the federal military personnel. Notably, it is essential that the law enforces the various domestic policies only within the US borders.
Arguably, it can be held that the jurisdiction displayed in the act tend to bar the U.S. military from achieving the international status. It makes no sense that the military is allowed to intervene in international matters yet they are limited from performing the same on domestic operations. Certainly, I believe the U.S. military would be at a higher rank and equipped if its powers are restricted. However, the Department of Homeland Security, DHS is much equipped in dealing with domestic issues (Charles 23). The department is diverse and internalized to ensure the whole state is covered, and services are provided. DHS is not under the Posse Comitatus Act. Therefore, it can operate with no power limitation. The federal regulatory agency mission is particular belong to an armed service. The PCA is used to give a rationale that either support or rejects the military support towards civilians (Matthews 14).
Typically, the relationship between the civilians and the army should be observed with caution. It is unacceptable to use federal troops in enforcing civilian laws. There has been a lot of violation of PCA when there is excess federal support or little support in enforcing the act (Matthew 34). As stated in Section 375-Title 10 belonging to the U.S. code it has laid a directive to put prescriptions that restrict navy, marine and air force to be limited from seizing, arresting or performing any other action unless the U.S. law has authorized it.
Work Cited
Charles D. Ayotte, "The Posse Comitatus Act Yesterday and Today," presentation to IACP Civil Law Enforcement and Military Cooperation Committee, May 1, 2003.
Matthew Carlton Hammond, "The Posse Comitatus Act: A Principle in Need of Renewal," Washington University Law Quarterly 75 (Summer 1997).
Matthews, Matt. The Posse Comitatus Act and the United States Army: A Historical Perspective. Fort Leavenworth: Combat Studies Institute Press, 2006. Print.
