Bush Signs Bill Enabling Martial Law

An anonymous reader writes to point us to an article on the meaning of a new law that President Bush signed on Oct. 17. It seems to allow the President to impose martial law on any state or territory, using federal troops and/or the state's own, or other states', National Guard troops. From the article: "In a stealth maneuver, President Bush has signed into law a provision which, according to Senator Patrick Leahy (D-Vermont), will actually encourage the President to declare federal martial law. It does so by revising the Insurrection Act, a set of laws that limits the President's ability to deploy troops within the United States. The Insurrection Act (10 U.S.C.331 -335) has historically, along with the Posse Comitatus Act (18 U.S.C.1385), helped to enforce strict prohibitions on military involvement in domestic law enforcement. With one cloaked swipe of his pen, Bush is seeking to undo those prohibitions." Here is a link to the bill in question. The relevant part is Sec. 1076 about 3/4 of the way down the page.

Comments

Re:frist psot

[EGSonikku]

http://news.pacificnews.org/news/view_article.html ?article_id=eed74d9d44c30493706fe03f4c9b3a77

Coincidence ? I'm not normally part of the tinfoil brigade but now I calls it like I see's it.

Text of the section

[Anonymous Coward]

Rather than having everyone load a huge bill... here is the text of the section:
The formatting sucks, but hey, it's congress.

=========

SEC. 1076. USE OF THE ARMED FORCES IN MAJOR PUBLIC EMER-
GENCIES.
(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
"(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

Gzipped version

[mgkimsal2]

I'm already getting hammered here - not sure how many people are using gzip in the browser to pull from my web server, but http://fosterburgess.com/kimsal/martiallaw.html.gz would definitely give you a gzipped version, lightening the load on my bandwidth a bit :)

Re:frist psot

[Jeremiah Cornelius]

Bush Moves Toward Martial Law
Frank Morales

October 26, 2006

In a stealth maneuver, President Bush has signed into law a provision which, according to Senator Patrick Leahy (D-Vermont), will actually encourage the President to declare federal martial law (1). It does so by revising the Insurrection Act, a set of laws that limits the President's ability to deploy troops within the United States. The Insurrection Act (10 U.S.C.331 -335) has historically, along with the Posse Comitatus Act (18 U.S.C.1385), helped to enforce strict prohibitions on military involvement in domestic law enforcement. With one cloaked swipe of his pen, Bush is seeking to undo those prohibitions.

Public Law 109-364, or the "John Warner Defense Authorization Act of 2007" (H.R.5122) (2), which was signed by the commander in chief on October 17th, 2006, in a private Oval Office ceremony, allows the President to declare a "public emergency" and station troops anywhere in America and take control of state-based National Guard units without the consent of the governor or local authorities, in order to "suppress public disorder."

President Bush seized this unprecedented power on the very same day that he signed the equally odious Military Commissions Act of 2006. In a sense, the two laws complement one another. One allows for torture and detention abroad, while the other seeks to enforce acquiescence at home, preparing to order the military onto the streets of America. Remember, the term for putting an area under military law enforcement control is precise; the term is "martial law."

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.

An article on "recent contract awards" in a recent issue of the slick, insider "Journal of Counterterrorism & Homeland Security International" reported that "global engineering and technical services powerhouse KBR [Kellog, Brown & Root] announced in January 2006 that its Government and Infrastructure division was awarded an Indefinite Delivery/Indefinite Quantity (IDIQ) contract to support U.S. Immigration and Customs Enforcement (ICE) facilities in the event of an emergency." "With a maximum total value of

Presidents have ALWAYS had this power ...

[slightlyspacey]

See 10 U.S.C. 331, 10 U.S.C. 332, and 10 U.S.C. 333. If they need any additional powers they'll just use Executive Orders. I'm not saying that it's right or consitutional, I'm just saying that it is the height of naivete and ignorance to believe that previous administrations, Democrat and Republican, have NOT had or used this authority.

Assignment of Emergency Preparedness Functions, October 11, 2004

The following EOs all fall under EO 12919: [7]

* EO 10990: "allows the government to take over all modes of transportation and control of highways and seaports." [8]
* EO 10995: Federal seizure of all communications media in the US.
* EO 10997: Federal seizure of all electric power, fuels, minerals, public and private.
* EO 10998: Federal seizure of all food supplies and resources, public and private and all farms and equipment.
* EO 10999: Federal seizure of all means of transportation, including cars, trucks, or vehicles of any kind and total control over all highways, seaports and water ways.
* EO 11000: Federal seizure of American people for work forces under federal supervision, including the splitting up of families if the government so desires.
* EO 11001: Federal seizure of all health, education and welfare facilities, both public and private.
* EO 11002: Empowers the Postmaster General to register every single person in the US.
* EO 11003: Federal seizure of all airports and aircraft.
* EO 11004: Federal seizure of all housing and finances and authority to establish forced relocation. Authority to designate areas to be abandoned as 'unsafe,' establish new locations for populations, relocate communities, build new housing with public funds.
* EO 11005: Seizure of all railroads, inland waterways and storage facilities, both public and private.
* EO 11051: Provides FEMA complete authorization to put above orders into effect in times of increased international tension of economic or financial crisis (FEMA will be in control incase of 'National Emergency').

* EO 12919 "Apparently Allows Cabinet Heads to Make Direct Loans to Government Contractors." [9]

Some of these Executive Orders have been around since the days of JFK. The umbrella EO 12919 was signed by President Clinton when he was in office back in 1994.

A fictional memo written to President Clinton back in 1999 gives a nice legal summary, history, and analysis of the laws already in place that would permit him or any president to declare martial law. From the "memo":

You have statutory authority to intervene with military force in a state's domestic disputes, upon request from the state legislature (or governor), at 10 U.S.C. 331:

Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection. [Emphasis added.]

Similar statutory authority permits you to use military force without any state request to address circumstances whenever and wherever you determine that the laws of the United States cannot be enforced (10 U.S.C. 332):(1)

Whenever the President considers that

Re:Oh My.

[Ucklak]

Last I read, they're not using guns and rifles, they're using RPGs, and IEDs. Basically, military weaponry.

Re:This sounds like a troll

[RAMMS EIN]

``The Dow hit another a series of all time highs last week.''

In US dollars or in Real money? If you adjust for inflation, the Dow has seen it's last high in 2000.

Re:frist psot

[dhasenan]

It's not a new authority, but there used to be restrictions on the President's ability to use it. Before, the President could only order troops to move within a state for any duties outside federal property with the permission of that state's legislature, or if the legislature could not convene, that of the government.

Now Bush can order troops to do anything at all without the consent of local authorities, and not get impeached for it. And you can believe that governors would be calling for his head if he declared martial law in their states.

List of who voted

[bussdriver]

The following list of people voted to suspend the writ of Habeas Corpus and must NOT be allowed to violate their oath again.
Don Young (R-AK)

Robert Aderholt (R-AL) Spencer Bachus (R-AL) Jo Bonner (R-AL) Robert Cramer (D-AL) Artur Davis (D-AL) Terry Everett (R-AL) Michael Rogers (R-AL)
John Boozman (R-AR) Mike Ross (D-AR)

Jeff Flake (R-AZ) Trent Franks (R-AZ) J.D. Hayworth (R-AZ) Jim Kolbe (R-AZ) Rick Renzi (R-AZ) John Shadegg (R-AZ)

Brian Bilbray (R-CA) Mary Bono (R-CA) Ken Calvert (R-CA) John Campbell (R-CA) John Doolittle (R-CA) David Dreier (R-CA) Elton Gallegly (R-CA) Wally Herger (R-CA) Duncan Hunter (R-CA) Darrell Issa (R-CA) Jerry Lewis (R-CA) Dan Lungren (R-CA) Howard McKeon (R-CA) Gary Miller (R-CA) Devin Nunes (R-CA) Richard Pombo (R-CA) Dana Rohrabacher (R-CA) Ed Royce (R-CA) William Thomas (R-CA)

Bob Beauprez (R-CO) Joel Hefley (R-CO) Marilyn Musgrave (R-CO) John Salazar (D-CO) Thomas Tancredo (R-CO)

Nancy Johnson (R-CT) Christopher Shays (R-CT) Robert Simmons (R-CT)

Michael Bilirakis (R-FL) F. Allen Boyd (D-FL) Ginny Brown-Waite (R-FL) Ander Crenshaw (R-FL) Lincoln Diaz-Balart (R-FL) Mario Diaz-Balart (R-FL) Tom Feeney (R-FL) Mark Foley (R-FL) Katherine Harris (R-FL) Connie Mack (R-FL) John Mica (R-FL) Jeff Miller (R-FL) Adam Putnam (R-FL) Ileana Ros-Lehtinen (R-FL) E. Clay Shaw (R-FL) Cliff Stearns (R-FL) Dave Weldon (R-FL) C.W. Bill Young (R-FL)

John Barrow (D-GA) Sanford Bishop (D-GA) Nathan Deal (R-GA) Phil Gingrey (R-GA) Jack Kingston (R-GA) John Linder (R-GA) Jim Marshall (D-GA) Charles Norwood (R-GA) Tom Price (R-GA) David Scott (D-GA) Lynn Westmoreland (R-GA)

Leonard Boswell (D-IA) Steve King (R-IA) Tom Latham (R-IA) Jim Nussle (R-IA)

C.L. Otter (R-ID) Mike Simpson (R-ID)

Melissa Bean (D-IL) Judy Biggert (R-IL) J. Dennis Hastert (R-IL) Henry Hyde (R-IL) Timothy Johnson (R-IL) Mark Kirk (R-IL) Ray LaHood (R-IL) Donald Manzullo (R-IL) John Shimkus (R-IL) Jerry Weller (R-IL)

Dan Burton (R-IN) Steve Buyer (R-IN) Chris Chocola (R-IN) John Hostettler (R-IN) Mike Pence (R-IN) Mike Sodrel (R-IN) Mark Souder (R-IN)

Dennis Moore (D-KS) Jim Ryun (R-KS) Todd Tiahrt (R-KS)

Ben Chandler (D-KY) Geoff Davis (R-KY) Ron Lewis (R-KY) Anne Northup (R-KY) Harold Rogers (R-KY) Edward Whitfield (R-KY)

Rodney Alexander (R-LA) Richard Baker (R-LA) Charles Boustany (R-LA) Bobby Jindal (R-LA) Jim McCrery (R-LA) Charlie Melancon (D-LA)

Michael Michaud (D-ME)

Dave Camp (R-MI) Vernon Ehlers (R-MI) Peter Hoekstra (R-MI) Joseph Knollenberg (R-MI) Thaddeus McCotter (R-MI)

Candice Miller (R-MI) Michael Rogers (R-MI) Joe Schwarz (R-MI) Fred Upton (R-MI)

Gil Gutknecht (R-MN) Mark Kennedy (R-MN) John Kline (R-MN) Collin Peterson (D-MN) Jim Ramstad (R-MN)

Todd Akin (R-MO) Roy Blunt (R-MO) Jo Ann Emerson (R-MO) Sam Graves (R-MO) Kenny Hulshof (R-MO)

Charles Pickering (R-MS) Gene Taylor (D-MS) Roger Wicker (R-MS)

Dennis Rehberg (R-MT)

Howard Coble (R-NC) Bob Etheridge (D-NC) Virginia Foxx (R-NC) Robin Hayes (R-NC) Patrick McHenry (R-NC) Mike McIntyre (D-NC) Sue Myrick (R-NC) Charles Taylor (R-NC)

Earl Pomeroy (D-ND)

Jeff Fortenberry (R-NE) Tom Osborne (R-NE) Lee Terry (R-NE)

Charles Bass (R-NH) Jeb Bradley (R-NH)

Robert Andrews (D-NJ) Michael Ferguson (R-NJ) Rodney Frelinghuysen (R-NJ) Scott Garrett (R-NJ) Frank LoBiondo (R-NJ) Jim Saxton (R-NJ) Christopher Smith (R-NJ)

Steve Pearce (R-NM) Heather Wilson (R-NM)

James Gibbons (R-NV) Jon Porter (R-NV)

Sherwood Boehlert (R-NY) Vito Fossella (R-NY) Brian Higgins (D-NY) Sue Kelly (R-NY) Peter King (R-NY) Randy Kuhl (R-NY) John McHugh (R-NY) Thomas Reynolds (R-NY) John Sweeney (R-NY) James Walsh (R-NY)

John Boehner (R-OH) Sherrod Brown (D-OH) Steve Chabot (R-OH) Paul Gillmor (R-OH) David Hobson (R-OH) Michael Oxley (R-OH) Deborah Pryce (R-OH) Ralph Regula (R-OH) Jean Schmidt (R-OH) Patrick Tiberi (R-OH) Michael Turner (R-OH)

Dan Boren (D-OK) Tom Cole (R-OK) Ernest Istook (R-O