Reply #9: Posse Comitatus

[johnaries]

The Posse Comitatus Act is a United States Act of Congress (18 U.S.C. § 1385) passed in 1878 after the end of Reconstruction. The Act was intended to prohibit Federal troops from supervising elections in former Confederate states. It generally prohibits Federal military personnel and units of the United States National Guard under Federal authority from acting in a law enforcement capacity within the United States, except where expressly authorized by the Constitution or Congress. The Posse Comitatus Act and the Insurrection Act substantially limit the powers of the Federal government to use the military for law enforcement.

http://en.wikipedia.org/wiki/Posse_Comitatus_Act

Congress gave Bush the authority to use military force. However, Posse Comitatus restricts the use of military force within the US.

If you argue that the NSA wiretappings is authorized by the authorization of force, then the wiretapping is an extension of Military Force and therefore restricted by Posse Comitatus.

Personally, I do not believe that it falls under Posse Comitatus, because I do not believe that it was authorized by Congress. However, if you believe that it was authorized under the "use of force", then it must fall under Posse Comitatus just as other uses of force would be.