[20050527]RS21012_恐怖主义：对恐怖袭击后向国内当局提供军事援助的一些法律限制.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21012Updated May 27, 2005Terrorism: Some Legal Restrictions onMilitary Assistance to Domestic AuthoritiesFollowing a Terrorist Attack name redactedSenior SpecialistAmerican Law DivisionJennifer ElseaLegislative AttorneyAmerican Law DivisionSummaryThe Constitution empowers the President to act as Commander in Chief of thearmed forces and to see to the execution of federal law; it gives Congress the authorityto make federal law including laws for the regulation of the armed forces. The PosseComitatus Act prohibits use of the armed forces to perform civilian governmental tasksunless explicitly authorized to do so. There are statutory exceptions to ensure continuedenforcement of state and federal law, to provide disaster assistance, and to providetechnical support for law enforcement. Further exceptions are proposed (H.R. 1986,H.R. 1815). There are constitutional impediments to the use of the military tonationalize an industry, to try civilians, and to compel state officials to performfederally-imposed duties. Unlawful use of the armed forces might result in criminal or