Relation To Posse Comitatus
The entire text of the Posse Comitatus Act, as amended in 1956, is as follows:
- 18 U.S.C. § 1385 - Use of Army and Air Force as posse comitatus
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- "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".
Accordingly, actions taken under the Insurrection Act have always been exempt from the Posse Comitatus Act.
Congress is restricted by and through their Constitutional Oath and in fact, in Article. 1 Section 8 "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;" is the check upon Congress and the President. http://constitution.org/mil/cs_milit.htm
Read more about this topic: Insurrection Act
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