Post #274,967
12/6/06 12:29:13 PM
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Fine Print in Defense Bill Opens Door to Martial Law
It\ufffds amazing what you can find if you turn over a few rocks in the anti-terrorism legislation Congress approved during the election season.
Take, for example, the John W. Warner Defense Authorization Act of 2006, named for the longtime Armed Services Committee chairman from Virginia.
Signed by President Bush on Oct. 17, the law (PL 109-364) has a provocative provision called "Use of the Armed Forces in Major Public Emergencies."
The thrust of it seems to be about giving the federal government a far stronger hand in coordinating responses to Katrina-like disasters.
But on closer inspection, its language also alters the two-centuries-old Insurrection Act, which Congress passed in 1807 to limit the president\ufffds power to deploy troops within the United States.
That law has long allowed the president to mobilize troops only "to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy."
But the amended law takes the cuffs off.
Specifically, the new language adds "natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident" to the list of conditions permitting the President to take over local authority \ufffd particularly "if domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order."
Since the administration broadened what constitutes "conspiracy" in its definition of enemy combatants \ufffd anyone who "has purposely and materially supported hostilities against the United States," in the language of the Military Commissions Act (PL 109-366) \ufffd critics say it\ufffds a formula for executive branch mischief.
Yet despite such a radical turn, the new law garnered little dissent, or even attention, on the Hill.
One of the few to complain, Sen. Patrick J. Leahy, D-Vt., warned that the measure virtually invites the White House to declare federal martial law.
It "subverts solid, longstanding posse comitatus statutes that limit the military\ufffds involvement in law enforcement, thereby making it easier for the President to declare martial law," he said in remarks submitted to the Congressional Record on Sept. 29.
"The changes to the Insurrection Act will allow the President to use the military, including the National Guard, to carry out law enforcement activities without the consent of a governor," he said.
Moreover, he said, it breaks a long, fundamental tradition of federal restraint.
"Using the military for law enforcement goes against one of the founding tenets of our democracy."
And he criticized the way it was rammed through Congress.
It "was just slipped in the defense bill as a rider with little study," he fumed. "Other congressional committees with jurisdiction over these matters had no chance to comment, let alone hold hearings on, these proposals."
[link|http://public.cq.com/public/20061201_homeland.html|read the rest here]
lincoln
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Post #274,971
12/6/06 12:39:10 PM
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I'm sure Hillary will find it useful
when she takes office.
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Post #274,985
12/6/06 1:37:16 PM
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If she's "permitted" to.
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Post #274,994
12/6/06 3:58:48 PM
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But isn't that actually *less* worrying...
...than the "insurrection" stuff that was *already* in the statute?
[link|mailto:MyUserId@MyISP.CountryCode|Christian R. Conrad] (I live in Finland, and my e-mail in-box is at the Saunalahti company.)
Ah, the Germans: Masters of Convoluted Simplification. — [link|http://www.thetruthaboutcars.com/?p=1603|Jehovah]
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Post #275,004
12/6/06 5:38:42 PM
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nope, if we have a full blown insurrection
as opposed to a armed constitutional enforcement action we would need the army. thanx, bill
Any opinions expressed by me are mine alone, posted from my home computer, on my own time as a free american and do not reflect the opinions of any person or company that I have had professional relations with in the past 50 years. meep
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Post #275,050
12/7/06 2:25:56 AM
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Ah. I take it you're being sarcastic?
The BOx contra(st)s: ...a full blown insurrection [...] as opposed to a armed constitutional enforcement action... Ha, good one! Eh... I take it you *were* intentionally trying to point out the fact that with "insurrection" in the statute, you'll NEVER have an "armed constitutional enforcement action" that the (then-)Current Resident won't CALL an "insurrection", right?
[link|mailto:MyUserId@MyISP.CountryCode|Christian R. Conrad] (I live in Finland, and my e-mail in-box is at the Saunalahti company.)
Ah, the Germans: Masters of Convoluted Simplification. — [link|http://www.thetruthaboutcars.com/?p=1603|Jehovah]
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Post #275,061
12/7/06 9:36:36 AM
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he can call it whatever he likes
its what the troops and the citizens call it, at the time. It would be one of those things that historians and the winners would have to sort out. thanx, bill
Any opinions expressed by me are mine alone, posted from my home computer, on my own time as a free american and do not reflect the opinions of any person or company that I have had professional relations with in the past 50 years. meep
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Post #275,014
12/6/06 7:05:51 PM
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Been there
[link|/forums/render/content/show?contentid=271524|Post #271524]
Too much of today's music is fashionable crap dressed as artistry.Adrian Belew
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