May 1, 1999
| ACTION |
|
| MEMORANDUM FOR THE PRESIDENT |
|
| FROM: |
COUNSEL’S OFFICE |
| SUBJECT: |
Presidential Powers To Use the U.S. Armed Forces To Control Potential Civilian Disturbances |
In light of published reports that the governments of Canada, Great Britain, France, and Germany had placed their armed forces on standby for January 1, 2000 in preparation for possible deployment for disaster assistance and/or domestic disorder, you have asked us to research (1) the extent of your powers to deploy U.S. Armed Forces within the boundaries of the United States for law enforcement purposes involving civilians; (2) the powers that could be exercised by those forces; and (3) whether a declaration of martial law would be necessary to initiate such deployment.
SUMMARY
As president of the United States, you may persuasively claim to have extensive statutory and constitutional powers to deploy the armed forces of the United States within the boundaries of the United States for law enforcement purposes without recourse to declarations of martial law. The limitations imposed by the Posse Comitatus Act and related statutes are no significant check to your executive powers as Commander-In-Chief to use the armed forces to take such measures as you consider necessary for the public good.
This memorandum is fictional but accurately depicts the broad powers enjoyed by presidents to utilize U.S. military forces to address domestic disturbances.
This memo is written by William J. Olson and Alan Woll. William J. Olson heads a McLean, Virginia law firm with a practice which focuses on the areas of constitutional law, administrative law, and civil litigation. Alan Woll is an associate with that firm. (William J. Olson, P.C., 8180 Greensboro Drive, Suite 1070, McLean, Virginia 22102-3823; 703-356 5070 (www.wjopc.com; e-mail wjo@...).
© 1999 Gun Owners of America, 8001 Forbes Place, Suite 102, Springfield, Virginia 22151, 703-321-8585 (www.gunowners.org). Permission to reproduce in its entirety is granted with full attribution and disclaimers intact.
http://www.gunowners.org/prespower.htm
Join the world’s largest e-mail service with MSN Hotmail. Click Here