Never Believed It Would Come To This--The Oath To Defend the Constitution and Posse Comitatus Act

Oath of Commissioned Officers

I ___, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God. (Title 5 U.S. Code 3331, an individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services)

6 U.S.C. §466

Sec. 466. the Posse Comitatus Act

(a) Findings
Congress finds the following:

(1) Section 1385 of title 18 (commonly known as the "Posse Comitatus Act")
prohibits the use of the Armed Forces as a posse comitatus to execute the laws except in
cases and under circumstances expressly authorized by the Constitution or Act of
Congress.

(2) Enacted in 1878, the Posse Comitatus Act was expressly intended to prevent
United States Marshals, on their own initiative, from calling on the Army for assistance
in enforcing Federal law.

(3) The Posse Comitatus Act has served the Nation well in limiting the use of the
Armed Forces to enforce the law.

(4) Nevertheless, by its express terms, the Posse Comitatus Act is not a complete
barrier to the use of the Armed Forces for a range of domestic purposes, including law
enforcement functions, when the use of the Armed Forces is authorized by Act of
Congress or the President determines that the use of the Armed Forces is required to
fulfill the President's obligations under the Constitution to respond promptly in time of
war, insurrection, or other serious emergency.

(5) Existing laws, including chapter 15 of title 10 (commonly known as the
"Insurrection Act"), and the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), grant the President broad powers that may be invoked in the
event of domestic emergencies, including an attack against the Nation using weapons of
mass destruction, and these laws specifically authorize the President to use the Armed
Forces to help restore public order.

(b) Sense of Congress
Congress reaffirms the continued importance of section 1385 of title 18, and it is the
sense of Congress that nothing in this chapter1 should be construed to alter the
applicability of such section to any use of the Armed Forces as a posse comitatus to
execute the laws.

1 Chapter 1 of Title 6, U.S. Code.