Which branches of the armed services can be deployed domestically to restore law and order despite the Posse Comitatus Act?

Study for the Criminal Justice 439 – Homeland Security Exam. Engage with flashcards and multiple choice questions, each with explanations. Prepare for your exam with confidence!

The Coast Guard and National Guard have unique roles that allow them to be deployed domestically to assist in restoring law and order, even in contexts that may conflict with the restrictions imposed by the Posse Comitatus Act. The Posse Comitatus Act is designed to limit the powers of the federal government in using federal military personnel to enforce domestic policies within the United States. However, the National Guard is a state-controlled entity that can be activated by state governors for domestic emergencies, such as natural disasters or civil unrest.

Similarly, the Coast Guard, which operates under the Department of Homeland Security in peacetime, has broad authority to enforce laws and can perform law enforcement duties in domestic waters and on land as required, especially during emergencies. This dual functionality enables both the Coast Guard and the National Guard to engage in domestic law enforcement activities without running afoul of the Posse Comitatus Act, which primarily restricts the Army and Air Force from such operations.

In contrast, options involving the Army and Navy, or the Air Force and Marine Corps, are limited by the constraints of the Posse Comitatus Act for domestic law enforcement unless there are exceptional circumstances. The involvement of federal law enforcement agencies like the Homeland Security and FBI does not pertain to military deployment

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