I still have serious problems with the 2006 amendments to the 1807 Insurrection Act that gives too much power to a sitting president:
Quote:
1) The President may employ the armed forces, including the National Guard in Federal service, to--
(A) restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that--
(i) domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; and
(ii) such violence results in a condition described in paragraph (2); or
(B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition described in paragraph (2).
(2) A condition described in this paragraph is a condition that--
(A) so hinders the execution of the laws of a State or possession, as applicable, and of the United States within that State or possession, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State or possession are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(B) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
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I am ok with amending the 200 yr old law to include "a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident." The kicker is the
"or other condition" (determined by the president).
"Other conditions" leaves too much to the discretion of one person.
I would also prefer that it be done with the consent of Congress. The Democratic Congress tried to amend it further in 2007 and Bush vetoed it.