Editorial: Soldiers are not policemen

Thursday, July 25, 2002 | 9:07 a.m.

Fear can sometimes be a good thing, as in our ingrained fear of federal troops on patrol in our midst. This fear has been handed down from generation to generation, having been seared into the minds and hearts of our Founding Fathers by British troops whose omnipresence helped inspire the Revolutionary War. Fear alone, however, did not stop our own government from regularly deploying federal troops within our borders. It took an act of Congress in 1878 to finally curtail the civil role of federal troops. Concerned about the heavy use of soldiers in the South during Reconstruction, Congress passed the Posse Comitatus Act to relieve the military of domestic law-enforcement responsibilities.

Because of the Act, succeeding American generations, for the most part, have been spared the sight of troops in our streets. But it's a blessing that may not be enjoyed by future generations if recent deployments are cited as justification for eroding the Act. Troops were used in the South in the early 1960s to ensure civil rights. They were used to restore order in Los Angeles in 1992 when rioting broke out after the verdicts in the Rodney King case. They have been used since the 1980s in the "war on drugs." They have been used to guard the Olympics. Most recently, of course, federalized National Guard troops were used to patrol airports after 9/11.

These and other examples may make it easier for members of Congress to think of the Posse Comitatus Act as irrelevant as we go forward in the war on terrorism. President Bush has called upon Congress to thoroughly review the Act, with an eye toward granting the military powers of arrest and search and seizure. Homeland Security Director Tom Ridge, while expressing caution, has said such a review is wise.

We urge extreme caution. The president already has authority to call upon troops if an emergency justifies it. A better alternative is more federal funding for civilian police agencies. Policemen could learn anti-terrorist tactics much more quickly than soldiers could learn the rules of engagement when dealing with our civilian population.