4 Chi J Intl L 193
Michael Noone

This Essay, aimed at congressional committee staff, is designed to provide background information on the Posse Comitatus Act and the various issues and positions expected to be raised if there is a proposal to amend or repeal the Act. The Essay begins with a general discussion of the Posse Comitatus Act and the circumstances surrounding its enactment into law. It then examines the arguments that the administration might make in arguing that the Act should be amended or repealed. The author suggests some areas which members of Congress should focus on in posing questions. He also looks at arguments that might be made opposing the amendment or repeal of the Act. The Essay closes by arguing that unless the government can show that its antiterrorism campaign has been hampered by the Act, neither side has a particularly persuasive argument.