What is the penalty for violating the Posse Comitatus Act?

Do military have to obey illegal orders?

U.S. service members take an oath to uphold the Constitution. In addition, under Article 92 of the Uniform Code of Military Justice and the U.S. Manual for Courts-Martial, service members must obey lawful orders and disobey unlawful orders.

What crimes can kick you out of the military?

How You Can Get You Kicked Out of the Military

• DUI. ...
• Drug Crimes. ...
• Sexual Harassment. ...
• Criminal Offenses Under Civilian Law. ...
• Financial Misconduct. ...
• AWOL (Absent Without Leave) ...
• Insubordination. ...
• Dishonorable Conduct.

Do military police have authority over civilians on base?

A: Generally, the military police do not have the authority to arrest civilians, even if they are on military installations. That said, civilians who enter these military installations are often subject to checks, and specific rules are posted for the area.

Can you leave the country during martial law?

Whether you can leave the country during martial law depends heavily on the specific country's laws and the reason for martial law, but generally, freedom of movement is severely restricted, especially for men of military age who are often banned from leaving to prevent conscription, though exceptions exist for specific reasons like severe medical conditions, essential workers, or families with disabled dependents, requiring special permits. 

Can the President use the military to enforce laws?

Yes, the President can use the military to enforce laws, but only under specific, limited circumstances defined by law (like the Insurrection Act), as the general rule (Posse Comitatus Act) prohibits using federal troops for domestic law enforcement, preventing the military from acting as a domestic police force. The President can deploy troops to suppress rebellion, enforce federal laws when courts can't, or protect constitutional rights, often requiring state consent or addressing extreme national emergencies, but these powers are narrow and subject to legal challenges. 

What are 5 things the President can't do?

The U.S. President cannot make laws, declare war, decide how federal money is spent, interpret laws, or appoint key officials like Cabinet members or Supreme Court Justices without Senate approval, highlighting constitutional limits on executive power through checks and balances with Congress. 

Who has more power, a soldier or a police officer?

The institutional roles of police officers and regular soldiers are importantly different from one another.. For example, military forces, unlike police forces, do not have as a primary and overriding role to enforce the law, and soldiers use lethal force with less legal and moral constraints than police officers.

Why has Trump deployed the National Guard?

Trump has given multiple explanations for the deployments, saying they are officially part of crackdowns on protests, civil unrest, crime, homelessness, and illegal immigration.

What happens if article 89 is violated?

Punishment for Article 89 Violations

Punishments include: Disrespect towards a superior commissioned officer in command. Violations will result in punishments such as bad-conduct discharge, forfeiture of pay and allowances, and up to one year in confinement.

Do military personnel have authority over police?

The separation of military and police roles is the principle by which the military and law enforcement perform clearly differentiated duties and do not interfere with each other's areas of discipline. Whereas the military's purpose is to fight wars, law enforcement is meant to enforce domestic law.

Can you court-martial a retired officer?

Can a military retiree be court-martialed? The short answer is “yes” if you are retired from active duty (both for alleged UCMJ offenses committed during and after service) and “no” if you are retired from the reserves or National Guard.

Can the President of the United States declare martial law?

Further, martial law suspends all existing laws, as well as civil authority and the ordinary administration of justice. In the United States, martial law may be declared by proclamation of the President or a State governor, but such a formal proclamation is not necessary.

How many times has martial law been declared in the US?

Martial law has been declared over 60 times in U.S. history, with sources citing at least 68 instances, primarily by state and local officials for issues like riots, labor disputes, and natural disasters, rather than federal declarations; President Lincoln used it during the Civil War, and it was also invoked in Hawaii after Pearl Harbor, though it's rare and usually limited in scope. 

Can you fly internationally with just a military ID?

The following IDs are acceptable:

U.S. or foreign government-issued passport. U.S. passport card. Driver's license or state ID that meets REAL ID standards. U.S. Military ID.

What is a jail on a military base called?

Military jails have several names, most commonly the brig (Navy/Marines), guardhouse, or stockade (Army/Air Force), with larger, long-term prisons called Disciplinary Barracks (like the USDB at Fort Leavenworth) or Correctional Facilities. These facilities hold service members for offenses under the Uniform Code of Military Justice (UCMJ).
 

What is 3 clicks in military terms?

In military terms, "3 clicks" (often spelled "klicks") means 3 kilometers, a unit of distance used for brevity and standardization, equating to roughly 1.86 miles (3 kilometers x 0.62 miles/km). It's a phonetic shortening of "kilometer," widely used in radio communication for speed, originating from interactions with metric-using forces and NATO standardization. 

What are the 5 military discharges?

The main types of U.S. military discharges, from best to worst, are Honorable, General (Under Honorable Conditions), Other Than Honorable (OTH), Bad Conduct (BCD), and Dishonorable, with Uncharacterized (like Entry-Level Separation) sometimes listed separately as not reflecting on conduct; these characters of service determine eligibility for veteran benefits, with Honorable being the best and Dishonorable being the most severe. 

What mental illnesses can get you kicked out of the military?

Mental disorders that typically disqualify you from the military include psychotic disorders (schizophrenia, bipolar), severe mood/anxiety disorders requiring hospitalization or prolonged treatment (e.g., depression, anxiety), eating disorders, history of substance abuse, and severe learning disabilities/ADHD that impair function, though waivers are sometimes possible for milder or well-managed conditions. The core principle is disqualification for current/past conditions that suggest instability or inability to handle military stress, with exceptions for stability after treatment.