Legal Opinion

Extraterritorial Effect of the Posse Comitatus Act

Department of Justice Office of Legal Counsel

Decided November 3, 1989Published

1Opinion of the Court

Extraterritorial Effect of the Posse Comitatus Act The Posse Comitatus Act does not apply outside the territory o f the United States. Although som e language in Department o f Defense regulations suggests that certain restric­ tions on the use o f military assistance apply outside the land area o f the United States, the better view is to read those regulations consistently with provisions in the underly­ ing statute, passed subsequently to the Posse Comitatus Act, stating that no limitations beyond those im posed by the Posse Comitatus A ct were intended to be enacted. November 3, 1989 M e…

2Cases cited26 opinions

  1. Youngstown Sheet & Tube Co. v. SawyerSupreme Court of the United States · 1952
  2. United States Ex Rel. Accardi v. ShaughnessySupreme Court of the United States · 1954
  3. Public Citizen v. United States Department of JusticeSupreme Court of the United States · 1989
  4. Frisbie v. CollinsSupreme Court of the United States · 1952
  5. Morrison v. OlsonSupreme Court of the United States · 1988

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