Terrorism: Some Legal Restrictions on Military Assistance to Domestic Authorities Following a Terrorist Attack
Abstract
The Constitution empowers to the President to act as Commander in Chief of the armed forces and to see to the execution of federal law. It gives Congress the authority to make federal law, including laws for the regulation of the armed forces. The Posse Comitatus Act prohibits the use of the armed forces to perform civilian governmental tasks unless explicitly authorized to do so. There are statutory exceptions to ensure continued enforcement of state and federal law, to provide disaster assistance, and to provide technical support for law enforcement. There are constitutional impediments to the use of the military to nationalize an industry, to try civilians, and to compel state officials to perform federally imposed duties. Unlawful use of the armed forces might result in criminal or civil liability for responsible authorities and frustrate prosecution of terrorists. The terrorist attacks of September 11, 2001, prompted some calls for the increased use of the military to fight terrorism. While the USA PATRIOT Act (Public Law 107-56) broadened the permissible circumstances for the use of the military to assist law enforcement agencies in countering terrorism, Congress also reaffirmed its determination to maintain the principle of the posse comitatus law. This report discusses specific statutory exceptions to the Posse Comitatus Act and inherent Presidential authority to use troops to enforce the law. For a more complete discussion, see CRS Report 95-964, "The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law."
Document Details
- Document Type
- Technical Report
- Publication Date
- Feb 06, 2004
- Accession Number
- ADA481182
Entities
People
- Charles Doyle
- Jennifer K. Elsea
Organizations
- Library of Congress