Title 18 US Code, PART I, Chapter 67,
§ 1385, The Posse Comitatus Act
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 not more than $10,000 or imprisoned not more than two years, or both.
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Is it the name?
If we renamed the U.S. Army something sweet like the U.S. Department of Highway Safety, could they then police our interstates with full auto weapons and tanks? Could they use helicopters with machine guns to stop evading cars and drivers?
Or is it the weapons and the tactics that they use?
When we give our police departments full auto assault weapons and tanks, shouldn't they then considered an army? They look like an army. They act like an army. And they are armed like an army.
The posse comitatus act forbids the use of the military in domestic police actions without authorization of congress. If the weapons and tactics determine if a group is a military unit, why do we not see rigorous prosecutions of those who direct these units to use their military weapons and tactics against sovereign citizens of the several states, without congressional consent?