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Posse Comitatus and Katrina - Of Arms and the Law |
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Friday, 16 September 2005 |
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In the wake of the hurricane, there have been references to the Posse Comitatus Act as barring use of active-duty military in restoring order.
The Act provides:
"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.."
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