posted November 2, 2006
The Republican re-writing of the Insurrection Act gives Bush the authority to declare martial law. For the first time since 1878, the president has the power to deploy troops within the United States. Bush and future presidents now have a power that, in other countries, is reserved to the dictator.
Despite the unprecedented and shocking nature of this new law, there has been no outcry in the American media and little reaction from our elected officials in Congress.
The Insurrection Act (10 U.S.C.331 -335) had historically, along with the Posse Comitatus Act (18 U.S.C.1385), prohibited military involvement in domestic law enforcement.
Now, Public Law 109-364, or the "John Warner Defense Authorization Act of 2007" (H.R.5122) allows the President to declare a "public emergency," station troops anywhere in America and take control of state-based National Guard units without the consent of the governor.
The law states that "the President may employ the armed forces, including the National Guard in Federal service when he determines that the authorities of the State "refuse" or "fail" in maintaining public order, "in order to suppress, in any State, any domestic violence or conspiracy."
This means the president can take guardsmen from any state, over the objections of local governmental entities; ship them off to another state; conscript them in a law enforcement mode; and set them loose against "disorderly" citizenry - protesters, possibly.
This de-facto repeal of the Posse Comitatus Act is an ominous assault on American democratic tradition and jurisprudence. The 1878 Act, which reads, "Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both," is the only U.S. criminal statute that outlaws military operations directed against the American people under the cover of 'law enforcement.' As such, it has been the best protection we've had against the power-hungry intentions of an unscrupulous and reckless executive, an executive intent on using force to enforce its will.
Only Senator Patrick Leahy (D-Vermont) noted: "We do not need to make it easier for Presidents to declare martial law. The implications are enormous. Using the military for law enforcement goes against one of the founding tenets of our democracy. We fail our Constitution, neglecting the rights of the states, when we make it easier for the President to declare martial law and trample on local and state sovereignty."
The balance of power between our 3 branches of government continues to tilt toward the unitary executive. It’s sad that most people don’t realize our democracy is rapidly slipping away.
Matthew Hine
Chattanooga
matthewhine@comcast.net
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Mr. Hine,
WOW! What an informative article concerning MORE losses of freedom in America.
Too bad we as American citizens don't know or care more about U.S. history or our government.
Gary Watkins
garywatkins@hotmail.com
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