Posse Comitatus Act Case Study

According to Hall and Coyne (2013), the Constitution has no provisions that have expressly authorized use of the military to implement the rule of law, and the exception of using the military was adopted in face-saving situations. Johnson and Jones (2016) explain that the word "expressly" should be ignored because the PCA is perceived as a constitutionally impermissible drive of limiting the President's powers. The regulations that cover the use of the military during civil disturbances assert two major exceptions that are within the Constitution; protecting federal properties and sudden emergencies (Elsea & Doyle, 2012). Under these exceptions is where the Constitutional exceptions take place so that the federal government can deploy federal …show more content…
This is essential because it will help in monitoring the sea and air traffic along the coastline and the border and facilitate communication leading to the gathering of appropriate information for the state, federal and the local law officers (Kealy, 2003). The counterdrug appropriations will fund these activities, and the changes would prohibit personnel engaging in seizures, arrest, and searches. The Posse Comitatus Act is a short Act consisting of 52 words. As we have explored the PCA we have noted its history, the various laws and statues of when the PCA can or cannot be used, and some necessary changes for a effective disaster response. The PCA and the Constitution place significant restrictions on the use of federal troops for domestic law enforcement. However, it is not so restrictive that the President’s or Congress’ hands are tied when faced with a catastrophic disaster that overwhelms the states ability to provide essential government