Understanding the Posse Comitatus Act and the Insurrection Act

Most Americans believe that the Posse Comitatus Act prohibits the use of federal troops to enforce the law in the United States. They also believe that the President has to wait until a governor asks for help before he can send for federal troops, and then only to quell an insurrection. These beliefs are erroneous. They are based on a complete misunderstanding of the two major laws that pertain to this issue. This is important, for understanding the true status of the laws and authorities is essential if we are to provide for the security of the homeland in an age of terrorism and catastrophic natural disasters. In this article, the author will address both the Posse Comitatus Act and the Insurrection Act, using different approaches to help the reader understand what each really means. He will parse the Posse Comitatus Act so that the reader understands what it really means, and he will tell the story of the Insurrection Act so that the reader understands how it came to be enacted.