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Index/Organizations/The Posse Comitatus Act and Related Matters: A Sketch

The Posse Comitatus Act and Related Matters: A Sketch

Congressional Research Service report

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Jan 28, 2026
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How have courts interpreted the Insurrection Act and Posse Comitatus in major cases such as Martin v. Mott and more recent litigation?

’s 1827 decision in has long been read to grant the President conclusive authority to decide when exigent conditions justify calling forth the militia, a holding that courts and advocates cite to argu...

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