The Posse Comitatus Act and the American Military: An Old Law Under a New Light

With increased usage of National Guard Troops to address civil disturbances and other threats or concerns to homeland security, scholars and policy makers have begun to reexamine the use of the military within the scope of the Posse Comitatus Act and the inherent loopholes present in the Insurrection Act. Fear of military politicization and a worry that military activities are encroaching into the realm of local law enforcement have caused legal watchdogs to raise concerns regarding violations of state sovereignty and have pushed the U.S. Congress to take legislative actions to close those loopholes. How has the Posse Comitatus Act impacted Presidential authority, and how have recent events influenced public and political perspectives of the act along with the loopholes that provide broad Presidential authority to deploy and utilize the military on American soil?