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Posse Comitatus Act. The Posse Comitatus Act is a United States federal law (18 U.S.C. Â§ 1385, original at 20 Stat. 152) signed on June 18, 1878 by President Rutherford B. Hayes. The purpose of the act â in concert with the Insurrection Act of 1807 â is to limit the powers of the federal government in using federal military personnel to enforce domestic policies within the United States.
Alexander Hamiltonâs reply (Federalist 29) was that the federal government had posse comitatus authority by virtue of the Necessary and Proper Clause, and this view appears to have been uncontroversial from 1789 onward. The Fugitive Slave Act of 1850 expressly gave federal marshals the power to summon a posse to apprehend runaway slaves.