Authority for Use of Military Force to Combat Terrorist Activities Within the United States
"Authority for Use of Military Force to Combat Terrorist Activities Within the United States" is a 37 page classified United States Department of Justice memorandum dated October 23, 2001. This memo states that the President has both constitutional and statutory authority to use the military as a means to combat terrorist activity within the United States. This memo is a direct result of the terrorist attacks on September 11th 2001. Its existence is known because it was referred to in another Department of Justice memo. According to the latter memo, the former memo argued that the Fourth Amendment to the United States Constitution had no application to domestic military operations. The memo has been released to the public.

This decision was made using a five-part analysis. First it was found through interpretation by the executive branch of the Constitution that the President of the United States has the authority to "deploy military force against terrorist threats within the United States". Second, the enactment of legislation S.J. Res. 23, Pub. L.No. 107-40, 115 Stat. 224 (2001) was assessed for legal consequences and it was determined that the President "may deploy military force domestically and to prevent and deter similar terrorist attacks." Third, the Posse Comitatus Act was reviewed and it was determined that the act only applies to "domestic use of the Armed Forces for law enforcement purposed rather that for the performance of military functions." Fourth, it was determined that military intrusion into terrorist cells does not violate the Fourth Amendment. Fifth and finally the government has "a compelling interest in protecting the nation" and "the war effort would outweigh the relevant privacy interests" in regards to a claim of unreasonable search and seizure. The terrorist attacks that occurred on September 11, 2001 are unprecedented and thus the President's authority to deploy military force against terrorist threats is affirmed. The scale of these terrorist attacks has been viewed as a campaign against the United States and thus viewed as an act of war.
Q846498
classified
Concept
Q1553390
United States Department of Justice
Concept
Q660651
memorandum
Concept
Q10806
September 11th 2001
EVE
Q231304
Fourth Amendment to the United States Constitution
EVE
Q7755
Constitution
Concept
Q11696
President of the United States
Concept
Q30
United States
LOC
Q476068
Pub. L.
LOC
Q931267
Posse Comitatus Act
PER
Q231304
Fourth Amendment
EVE
Q4825944
Authority for Use of Military Force to Combat Terrorist Activities Within the United States
UNK
2001-10-23T00:00:00Z^^http://www.w3.org/2001/XMLSchema#dateTime
October 23, 2001
DATE
2001-09-11T00:00:00Z^^http://www.w3.org/2001/XMLSchema#dateTime
September 11th 2001
DATE
2001-09-11T00:00:00Z^^http://www.w3.org/2001/XMLSchema#dateTime
September 11, 2001
DATE
+37^^http://www.w3.org/2001/XMLSchema#decimal
37
NUMBER
+23^^http://www.w3.org/2001/XMLSchema#decimal
23
NUMBER
-40^^http://www.w3.org/2001/XMLSchema#decimal
-40
NUMBER
+2001^^http://www.w3.org/2001/XMLSchema#decimal
2001
NUMBER
point in time
country
office held by head of government