Have you ever wondered why you don’t see U.S. Army soldiers directing traffic or making arrests in your town? There’s a specific reason for that, and it’s rooted in one of the most turbulent periods in American history. The line separating the military from domestic law enforcement is a core principle of American democracy, but it was drawn into law by a controversial and politically charged act passed in 1878.

In this episode of Wednesday Writs, Stephen and Leah unpack the history and legacy of the Posse Comitatus Act. We dive into the chaotic end of the Reconstruction Era, when the U.S. Army acted as a police force across the South. Learn about the backroom political deal in the election of 1876 that led to the Compromise of 1877, the withdrawal of federal troops, and the subsequent law designed to make that withdrawal permanent.

Join us to discover the complicated origins of a law that, while essential to modern civil liberties, was also instrumental in ending federal protection for African Americans in the post-Civil War South.

Brennan Center for Justice | The Posse Comitatus Act Explained | https://www.brennancenter.org/our-work/research-reports/posse-comitatus-act-explained

U.S. Department of Defense | Posse Comitatus Act | https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/552505p.pdf

Lawfare | The Posse Comitatus Act and the National Guard at the Capitol | https://www.lawfaremedia.org/article/posse-comitatus-act-and-national-guard-capitol