POSSE COMITATUS

Trump Violatees The Posse Comitatus Act

In an era of rising authoritarian behavior from the executive branch, it’s critical that the American people reacquaint themselves with one of the most important, yet often overlooked, guardrails of our democracy: the Posse Comitatus Act. Initially passed in 1878, this law is more than a relic of Reconstruction. It is a bulwark against the rise of domestic militarism. And today, its principles are being pushed to the breaking point.

How It Came About: The Shadow of Reconstruction

The Posse Comitatus Act was born out of the post-Civil War era. After the Union's victory, federal troops remained in the South to enforce civil rights and oversee Reconstruction. While necessary to protect the newly freed Black population, white Southern Democrats bristled at the presence of Northern troops. By 1877, as part of the so-called “Compromise of 1877,” federal troops were withdrawn in exchange for resolving the contested presidential election of Rutherford B. Hayes.

In 1878, Southern legislators, now re-empowered, pushed through the Posse Comitatus Act to ensure that federal troops could never again be used as a domestic police force without explicit authorization from Congress.

What the Law Says

The core of the law is deceptively simple:

"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 or imprisoned." (18 U.S. Code § 1385)

The military cannot be used as a domestic police force unless Congress specifically authorizes it.

The law applies directly to the Army and Air Force, and by policy (through Department of Defense directives), it also constrains the Navy and Marine Corps. The National Guard is exempt only when operating under the authority of a state governor, not the President.

What It's All About: Preserving Civil Liberties

The Act protects the separation between military and civil authority. It reflects a foundational principle of our democracy: that the armed forces should not be used against the American people.

This is not a mere formality. Around the world, the use of military force against civilians is a hallmark of autocracy. Democracies rely on civil law enforcement, answerable to elected leaders and the Constitution, to enforce domestic order. Once that wall is breached, the military becomes a tool not of national defense but of internal domination.

How It Applies Today: Trump’s Authoritarian Drift

In 2025, that wall is cracking. Trump’s deployment of Marines, National Guard troops, and even special forces in cities like Los Angeles ostensibly to enforce immigration law or quell “unrest” is a profound violation of both the spirit and the likely letter of the Posse Comitatus Act.

Congress does not authorize these actions. They are not requests from state governors. They are unilateral presidential commands that place military boots on American soil, performing domestic enforcement duties best left to police and federal civil agencies.

Trump’s defenders may argue that the Insurrection Act, a limited statutory exception to Posse Comitatus, gives him cover. However, that law requires actual insurrection or civil disorder that obstructs law enforcement. There is no such condition in Los Angeles or elsewhere. Peaceful protests and sanctuary policies are not insurrections. They are expressions of democracy, not threats to it.

Why This Is Dangerous and What Must Be Done

This is not just a legal matter. It is a moral and constitutional crisis. When military force is used against civilians or elected officials, as we recently saw with the handcuffing of Senator Alex Padilla, the republic is on fire.

The courts must recognize that Trump’s domestic deployments violate longstanding legal protections. But even if the judiciary fails in its duty, the court of public opinion must not. Americans must demand a return to lawful governance and reject the normalization of martial force in civic life.

The Law Is Clear, and So Is the Danger

The Posse Comitatus Act was passed to prevent precisely what Trump is now doing: using the military to police the American people and crush political dissent. Its origins are rooted in a warning we should heed today. Military power belongs on the battlefield, not in the streets of our cities.

Trump's actions are not merely ill-advised. They are illegal. And if we do not stop him now through the courts, through Congress, or through the power of organized public resistance. We may soon find that the democracy we once relied on has quietly slipped into something else entirely.

William James Spriggs