"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.
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| - "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. (en)
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| - United States Department of Justice memorandum (en)
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| - Authority for Use of Military Force to Combat Terrorist Activities Within the United States (en)
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| - "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. (en)
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