What roles are played by the USA PATRIOT Act, Military Commissions ACT, and Posse Comitatus Act of 1878 in combating terrorism?

What will be an ideal response?


The USA PATRIOT Act dramatically expanded the federal government’s ability to investigate Americans without establishing probable cause for “intelligence purposes” and to conduct searches if there are “reasonable grounds to believe” there may be national security threats. Certain federal agencies are given access to financial, mental health, medical, library, and other records.

The Military Commissions Act allows the president to establish military commissions to try unlawful enemy combatants; the commissions are also authorized to sentence defendants to death, and defendants are prevented from invoking the Geneva Conventions as a source of rights during commission proceedings. The law contains a provision stripping detainees of the right to file habeas corpus petitions in federal court and also allows hearsay evidence to be admitted during proceedings, so long as the presiding officer determines it to be reliable. This law also allows the Central Intelligence Agency to question key terrorist leaders and operatives.

The Posse Comitatus Act of 1878 prohibits using the military to execute laws domestically. However, the military may be called on to provide personnel and equipment for certain special support activities, such as domestic terrorist events involving weapons of mass destruction.

Criminal Justice

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