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Banned
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Originally Posted by archetypal fool
.....What do you guys think? Should we all be worried about this, or is my conspiracy thingy just acting up?
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Yeah....I am also very alarmed...the limited MSM and a credible DC legislative reporting outlet seem to support your citations in your OP:
Quote:
http://public.cq.com/public/20061201_homeland.html
CQ HOMELAND SECURITY – SpyTalk
Dec. 1, 2006 – 8:25 p.m.
<b>Fine Print in Defense Bill Opens Door to Martial Law</b>
By Jeff Stein, CQ National Security Editor
It’s 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’s 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 — 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 — anyone who “has purposely and materially supported hostilities against the United States,” in the language of the Military Commissions Act (PL 109-366) — critics say it’s 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’s 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.”
No matter: Safely tucked into the $526 billion defense bill, it easily crossed the goal line on the last day of September.
Silence
The language doesn’t just brush aside a liberal Democrat slated to take over the Judiciary Committee come January. It also runs over the backs of the governors, 22 of whom are Republicans.
The governors had waved red flags about the measure on Aug. 1, sending letters of protest from their Washington office to the Republican chairs and ranking Democrats on the House and Senate Armed Services committees.
No response. So they petitioned the party heads on the Hill — Sens. Bill Frist, R-Tenn., and Harry Reid, D-Nev., Speaker of the House J. Dennis Hastert, R-Ill., and his Democratic opposite, Nancy Pelosi of California.
“This provision was drafted without consultation or input from governors,” said the Aug. 6 letter signed by every member of the National Governors Association, “and represents an unprecedented shift in authority from governors . . .to the federal government.”
“We urge you,” they said, “to drop provisions that would usurp governors’ authority over the National Guard during emergencies from the conference agreement on the National Defense Authorization Act.”
Again, no response from the leadership, said David Quam, the National Governors Association’s director of federal relations.
On Aug. 31, the governors sent another letter to the congressional party leaders, as well as to Defense Secretary Donald H. Rumsfeld, who had met quietly with an NGA delegation back in February.
The bill “could encroach on our constitutional authority to protect the citizens of our states,” they protested, complaining again about how the provision had been dumped on a midnight express.
“Any issue that affects the mission of the Guard in the states must be addressed in consultation and coordination with governors,” they demanded.
“The role of the Guard in the states and to the nation as a whole is too important to have major policy decisions made without full debate and input from governors throughout the policy process.”
More silence.
“We did not know until the bill was printed where we stood,” Quam said.
That’s partly the governors’ own fault, said a Republican Senate aide.
“My understanding is that they sent form letters to offices,” she said. “If they really want a piece of legislation considered they should have called offices and pushed the matter. No office can handle the amount of form letters that come in each day.”
Quam disputed that.
“The letter was only the beginning of the conversation,” he said. “The NGA and the governors’ offices reached out across the Hill.”....
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http://www.iht.com/articles/2007/02/...nion/edlaw.php
<b>Making martial law easier</b>
Monday, February 19, 2007
A disturbing recent phenomenon in Washington is that laws that strike to the heart of American democracy have been passed in the dead of night. So it was with a provision quietly tucked into the enormous defense budget bill at the Bush administration's behest that makes it easier for a president to override local control of law enforcement and declare martial law.
The provision, signed into law in October, weakens two obscure but important bulwarks of liberty. One is the doctrine that bars military forces, including a federalized National Guard, from engaging in law enforcement. Called posse comitatus, it was enshrined in law after the Civil War to preserve the line between civil government and the military. The other is the Insurrection Act of 1807, which provides the major exemptions to posse comitatus. It essentially limits a president's use of the military in law enforcement to putting down lawlessness, insurrection and rebellion, where a state is violating federal law or depriving people of constitutional rights.
The newly enacted provisions upset this careful balance. They shift the focus from making sure that federal laws are enforced to restoring public order.
Beyond cases of actual insurrection, the president may now use military troops as a domestic police force in response to a natural disaster, a disease outbreak, terrorist attack or to any "other condition."
Changes of this magnitude should be made only after a thorough public airing. But these new presidential powers were slipped into the law without hearings or public debate. The president made no mention of the changes when he signed the measure, and neither the White House nor Congress consulted in advance with the country's governors.
There is a bipartisan bill, introduced by Senators Patrick Leahy, Democrat of Vermont, and Christopher Bond, Republican of Missouri, and backed unanimously by the nation's governors, that would repeal the stealthy revisions. Congress should pass it. If changes of this kind are proposed in the future, they must get a full and open debate.
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Last edited by host; 05-21-2007 at 09:34 PM..
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