ABSTRACT

The use of military personnel in a posse comitatus was a staple of the American western frontier. Known simply as a "posse," soldiers were called upon to enforce civil law in expansive territories of sparse population. The Posse Comitatus Act of 1878 was written two years after a contested presidential election decided by the House of Representatives. As a concession to southern representatives, the act banned the use of the army "as a posse comitatus or otherwise to execute the laws." Written originally as a rider to an appropriations bill, the Posse Comitatus Act was expanded after World War II to cover the Air Force. There have been a number of privately financed paramilitary organizations that call themselves a "posse comitatus." Historically, only a legal authority can form a posse comitatus, and therefore the groups have no legal standing.