The domestic realm of Homeland Security: What does the Department of Defense have to do with it

Since September 11, 2001, the roles and missions of the Department of Defense (DOD) in the area of domestic operations are destined for change. This study provides an examination of the legal and traditional aspects of Homeland Security in the U.S. and the current framework for managing a domestic Weapons of Mass Destruction (WMD) incident. Understanding the past roles and missions of the DOD in regard to Homeland Security are relevant as the Office of Homeland Security formulates a comprehensive national strategy. This study addresses these issues through an examination of the DOD historical role in the defense of the nation as well as its role in domestic support operations. This is followed by an examination of the evolution of legal considerations when employing federal military forces in a domestic support capacity. It addresses the Posse Comitatus Act and recent refinements to the Act that circumvent its provisions in instances of clearly identified threats to the Nation's interests. The study argues that the current system is adequate and the DOD should not be designated as the LFA for WMD incidents.