The Posse Comitatus Act Explained

Why the U.S. military isn’t supposed to enforce civilian law — and when that rule breaks down.

Passed in 1878, the Posse Comitatus Act was designed to limit the federal government’s use of the U.S. military in domestic law enforcement. The law emerged amid the tensions of Reconstruction, when federal troops were regularly deployed to maintain order in the former Confederate states.

In this episode, learn why lawmakers drew a sharp line between soldiers and police, what the Posse Comitatus Act actually prohibits, and the major exceptions that complicate its enforcement. I also explore how the law has been interpreted over time - and why things get confusing when the National Guard gets involved.

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