Military Purpose Act: An Alternative to the Posse Comitatus Act—Accomplishing Congress’s Intent with Clear Statutory Language

In a world where terrorism and natural disasters have become part of the reality of American life, it is essential to identify how the federal government can respond to domestic emergencies, including the extent to which the military, the government’s most versatile tool, can be used. Currently, the Posse Comitatus Act, 18 U.S.C. § 1385 (2006), largely prohibits the military from engaging in domestic law enforcement. This Note aims to determine the actual scope of the PCA’s prohibition on domestic law enforcement, to identify how successful the Act has been throughout its history, and to recommend a new statute that will clear the way for military assistance in domestic emergencies while maintaining our national tradition of limiting domestic military use.