Section 1076 of the massive Authorization Act, which grants the Pentagon another $500-plus-billion for its ill-advised adventures, is entitled, "Use of the Armed Forces in Major Public Emergencies." Section 333, "Major public emergencies; interference with State and Federal law" states that "the President may employ the armed forces, including the National Guard in Federal service, to 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 domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of ("refuse" or "fail" in) maintaining public order, "in order to suppress, in any State, any insurrection, domestic violence, unlawful combination, or conspiracy."
For the current President, "enforcement of the laws to restore public order" means to commandeer guardsmen from any state, over the objections of local governmental, military and local police entities; ship them off to another state; conscript them in a law enforcement mode; and set them loose against "disorderly" citizenry - protesters, possibly, or those who object to forced vaccinations and quarantines in the event of a bio-terror event.
The law also facilitates militarized police round-ups and detention of protesters, so called "illegal aliens," "potential terrorists" and other "undesirables" for detention in facilities already contracted for and under construction by Halliburton. That's right. Under the cover of a trumped-up "immigration emergency" and the frenzied militarization of the southern border, detention camps are being constructed right under our noses, camps designed for anyone who resists the foreign and domestic agenda of the Bush administration.
Sources: Bush Moves Toward Martial Law & H.R. 5122: John Warner National Defense Authorization Act for Fiscal Year 2007
Buried in the bill that contains much about the defense budget, insurance for military personnel, their families and veterans lies the seemingly innocuous yet infamous SEC. 1076. From the bill itself:
SEC. 1076. USE OF THE ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.
(a) USE OF THE ARMED FORCES AUTHORIZED.--
(1) IN GENERAL.--Section 333 of title 10, United States
Code, is amended to read as follows:
`` 333. Major public emergencies; interference with State and
Federal law
``(a) USE OF ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.--
(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 insurrec-
tion, 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
H. R. 5122--323
``(B) opposes or obstructs the execution of the laws of the
United States or impedes the course of justice under those
laws.
``(3) In any situation covered by paragraph (1)(B), the State
shall be considered to have denied the equal protection of the
laws secured by the Constitution.
``(b) NOTICE TO CONGRESS.--The President shall notify Congress
of the determination to exercise the authority in subsection (a)(1)(A)
as soon as practicable after the determination and every 14 days
thereafter during the duration of the exercise of that authority.''.
(2) PROCLAMATION TO DISPERSE.--Section 334 of such title
is amended by inserting ``or those obstructing the enforcement
of the laws'' after ``insurgents''.
Then there are the words that ring out from the H.R. 5122: The President may employ.... It's his discretion. That is bolstered by the following: The President shall notify Congress of the determination to exercise the authority in subsection (a)(1(A) as soon as practicable after the determination and every 14 days thereafter during the duration of the exercise of that authority.''.
as soon as practicable... leads to a lot of interpretation with lots of wiggle room. What if the president determines that the situation is so tenuous that it is not practicable for, let's say, 4 weeks because he is too busy saving the country? What if the Congress is on extended holiday recess? What if politicians are on summer hiatus? What if the president determines that informing the Congress is not praticable because he thinks that they may be involved with the emergency?
George III never had it so good.
Our forefathers fought a war to ensure the freedom of all men from the oppression of a government that is inflexible and relies on the right of might to have its will enforced at all costs - taxation without representation; billeting soldiers aka Amendment III in the Bill of Rights; Habeas Corpus aka the right to speedy trials. These are but three of George III major offenses at the time of the Revolution.
Where are checks and balances when the Congress hands this additional power to George W? Did they even know they were handing it to him? Why is this just coming out when George W signed the bill on October 17th?
just asking...
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