Misblog

Have we Americans become so paralyzed with fear¹ that we will look the other way as Congress erases traditionally bright lines that have prevented our military from occupying America's streets?

Here is a vague section from the Defense Authorization Act 2007, just signed into law by President Bush. It erases a bright line and substitutes the president's judgement!:²

Sec. 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 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.

(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.

The above section radically alters the Posse Comitatus Act and Insurrection Act which have prevented the domestic deployment of military troops for law enforcement!

-----notes-----

1. It may not be fear so much as the majority of Americans do not have the time to constantly oversee Congress. We are running up an increasingly speedy down escalator hoping to just stay in place or make a little progress. However, if we do not take over the escalator controls and begin reversing its direction eventually we’ll run out of breath.

2. I wonder how may of our representatives read this section before they voted for it? Our representatives are so pre-occupied with "other activity" that they have delegated more and more of their authority and responsibility to the president!

It is ironic that we currently have a president who does not think he needs the authority Congress is delegating to him.

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