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Dead Constitution
See other Dead Constitution Articles

Title: Making Martial Law Easier
Source: New York Times
URL Source: http://www.nytimes.com/2007/02/19/o ... slogin&oref=slogin&oref=slogin
Published: Feb 19, 2007
Author: New York Times
Post Date: 2007-02-19 13:01:06 by Brian S
Keywords: None
Views: 258
Comments: 19

A disturbing recent phenomenon in Washington is that laws that strike to the heart of American democracy have been passed in the dead of night. So it was with a provision quietly tucked into the enormous defense budget bill at the Bush administration’s behest that makes it easier for a president to override local control of law enforcement and declare martial law.

The provision, signed into law in October, weakens two obscure but important bulwarks of liberty. One is the doctrine that bars military forces, including a federalized National Guard, from engaging in law enforcement. Called posse comitatus, it was enshrined in law after the Civil War to preserve the line between civil government and the military. The other is the Insurrection Act of 1807, which provides the major exemptions to posse comitatus. It essentially limits a president’s use of the military in law enforcement to putting down lawlessness, insurrection and rebellion, where a state is violating federal law or depriving people of constitutional rights.

The newly enacted provisions upset this careful balance. They shift the focus from making sure that federal laws are enforced to restoring public order. Beyond cases of actual insurrection, the president may now use military troops as a domestic police force in response to a natural disaster, a disease outbreak, terrorist attack or to any “other condition.”

Changes of this magnitude should be made only after a thorough public airing. But these new presidential powers were slipped into the law without hearings or public debate. The president made no mention of the changes when he signed the measure, and neither the White House nor Congress consulted in advance with the nation’s governors.

There is a bipartisan bill, introduced by Senators Patrick Leahy, Democrat of Vermont, and Christopher Bond, Republican of Missouri, and backed unanimously by the nation’s governors, that would repeal the stealthy revisions. Congress should pass it. If changes of this kind are proposed in the future, they must get a full and open debate.

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#1. To: Brian S (#0) (Edited)

There is a bipartisan bill, introduced by Senators Patrick Leahy, Democrat of Vermont, and Christopher Bond, Republican of Missouri, and backed unanimously by the nation’s governors, that would repeal the stealthy revisions. Congress should pass it

The CongressWhores won't pass this; they're the problem/ They're just a large rubber stamp for all of our Dear Leaders, past and present..

Law Enforcement Against Prohibition



In a CorporoFascist capitalist society, there is no money in peace, freedom, or a healthy population, and therefore, no incentive to achieve these - - IndieTX

In a time of universal deceit, telling the truth is a revolutionary act - - George Orwell

IndieTX  posted on  2007-02-19   13:37:06 ET  Reply   Trace   Private Reply  


#2. To: Brian S, Dakmar (#0)

A disturbing recent phenomenon in Washington is that laws that strike to the heart of American democracy have been passed in the dead of night.

We're dealing with evil monsters, it is to be expected.

Night of the Living Dead (1968)

Victory means exit strategy, and it’s important for the President to explain to us what the exit strategy is. ~George W. Bush
(About the quote: Speaking on the war in Kosovo.)

robin  posted on  2007-02-19   13:58:56 ET  Reply   Trace   Private Reply  


#3. To: Brian S, IndieTX (#0)

Nazi Checkpoints In America (Part 1) (6.5 minutes)

MJTF (Multi-Jurisdictional Task Force) takes over I-35 in Austin, Tx and runs Nazi style checkpoints to condition Americans that its okay. This is a sick trend and its only getting worse.

Nazi Checkpoints In America (Part 2) (6 minutes)

Victory means exit strategy, and it’s important for the President to explain to us what the exit strategy is. ~George W. Bush
(About the quote: Speaking on the war in Kosovo.)

robin  posted on  2007-02-19   14:04:10 ET  Reply   Trace   Private Reply  


#4. To: robin, REDPANTHER (#3)

MJTF PING.

Law Enforcement Against Prohibition



In a CorporoFascist capitalist society, there is no money in peace, freedom, or a healthy population, and therefore, no incentive to achieve these - - IndieTX

In a time of universal deceit, telling the truth is a revolutionary act - - George Orwell

IndieTX  posted on  2007-02-19   14:41:13 ET  Reply   Trace   Private Reply  


#5. To: robin (#2)

The Lance Martin Band: WITH A LITTLE LUCK

sometimes there just aren't enough belgians

Dakmar  posted on  2007-02-19   20:43:37 ET  Reply   Trace   Private Reply  


#6. To: Dakmar (#5)

A little luck would be nice right now.

Victory means exit strategy, and it’s important for the President to explain to us what the exit strategy is. ~George W. Bush
(About the quote: Speaking on the war in Kosovo.)

robin  posted on  2007-02-19   20:59:06 ET  Reply   Trace   Private Reply  


#7. To: robin, BeAChooser, Destro (#6)

Dueling Nunchucks

sometimes there just aren't enough belgians

Dakmar  posted on  2007-02-19   21:04:31 ET  Reply   Trace   Private Reply  


#8. To: Dakmar (#7)

yeah, take your shoes off, that'll help

Victory means exit strategy, and it’s important for the President to explain to us what the exit strategy is. ~George W. Bush
(About the quote: Speaking on the war in Kosovo.)

robin  posted on  2007-02-19   21:10:03 ET  Reply   Trace   Private Reply  


#9. To: (#4) (Edited)

nevermind

christine  posted on  2007-02-19   21:13:04 ET  Reply   Trace   Private Reply  


#10. To: christine (#9)

What would I have to do to be banned from here?

Not that I want to be banned, I'm just going through a ignoring real news trend. I hope it drives advertrisers bananas.

sometimes there just aren't enough belgians

Dakmar  posted on  2007-02-19   21:21:27 ET  Reply   Trace   Private Reply  


#11. To: robin (#8)

We'll need special rules and stuff to identify each other after the neocon agenda has reached fruition. Call me Dakmar, honesty will blow their freaking minds.

sometimes there just aren't enough belgians

Dakmar  posted on  2007-02-19   21:24:05 ET  Reply   Trace   Private Reply  


#12. To: robin (#3)

wtf? is this still going on in austin?

I have a friend who was supposed to meet me for a drink a while back. he called and said he'd be late because the police were searching his truck.

I was like 'what????? ask to see the warrant' and he said he was just going to let them do it cause he didn't want to argue with them and end up in jail.

he's a contractor, and drives a beat-up truck for work. he had been on a job in the *rich* section of town, so I guess his crime was not driving a hummer or a bmw on those hallowed streets.

it's outrageous. and outrageous that he let them do it. I'd like to say I wouldn't have, but I dunno, I don't want to go to jail either. this is how it begins, and if we all let it happen, I guess it will.

kiki  posted on  2007-02-19   22:11:13 ET  Reply   Trace   Private Reply  


#13. To: kiki (#12)

In CA we have border checks between Oceanside and San Clemente on I-5 and inland north of Escondido on I-15. There are a couple others, but these take a lot of traffic. We're completely conditioned. They even have a light letting us know if it's open or closed. Sometimes when it's open we wait quite awhile to get through. They just wave us slowly through. These checks have been there for years and years.

Victory means exit strategy, and it’s important for the President to explain to us what the exit strategy is. ~George W. Bush
(About the quote: Speaking on the war in Kosovo.)

robin  posted on  2007-02-19   22:19:43 ET  Reply   Trace   Private Reply  


#14. To: robin (#13)

The strategic importance of San Clemente lies in its placement at a major route of egress from the immediate border, thus enabling the Border Patrol to provide a depth of defense beyond the international boundary and to effect broader border security throughout the border area.

Vehicular traffic is inspected at the checkpoint by officers manning positions on the freeway. Due to heavy traffic volume, contact with motorists is minimal with prolonged questioning and vehicle inspections taking place in the Secondary Inspection site.

San Clemente? Isn't that well north of San Diego?

sometimes there just aren't enough belgians

Dakmar  posted on  2007-02-19   22:27:21 ET  Reply   Trace   Private Reply  


#15. To: Dakmar (#14)

Yes, about an hour (depending on how you drive). Camp Pendleton is just south.

These border checks are not at the border (although there border border-checks in Tijuana and other places).

The San Clemente station is the most annoying. The traffic is terrific, and there are no outlets because of Camp Pendleton and the ocean (at least the view is nice).

On 3 day weekends, like right now, the northbound traffic is very heavy. If they have a report about a suspected drug dealer, they'll open the station and stop vehicles for searches that match the description.

I've never seen them stop a single illegal. But I have seen car trunks opened and detained at the side of the station. Different purpose, besides the obvious conditioning.

Victory means exit strategy, and it’s important for the President to explain to us what the exit strategy is. ~George W. Bush
(About the quote: Speaking on the war in Kosovo.)

robin  posted on  2007-02-19   22:34:18 ET  Reply   Trace   Private Reply  


#16. To: robin (#15)

But I have seen car trunks opened and detained at the side of the station.

isn't that supposed to be illegal? I mean, probable cause should be more than someone's dealing drugs somewhere. someone's dealing drugs everywhere. at least we ought to be able to ask what's in the report that would make us suspects. and they should have to show us a report that says its our model or color car or something. this is just creepy. and no one wants it to happen, but no one wants to be the one to disappear into a secret prison and never be seen again. I know I don't want to.

kiki  posted on  2007-02-19   22:42:10 ET  Reply   Trace   Private Reply  


#17. To: kiki (#16) (Edited)

I'm sure they only do that with probable cause (at least for the moment).

Victory means exit strategy, and it’s important for the President to explain to us what the exit strategy is. ~George W. Bush
(About the quote: Speaking on the war in Kosovo.)

robin  posted on  2007-02-19   22:44:42 ET  Reply   Trace   Private Reply  


#18. To: kiki (#16)

at least we ought to be able to ask what's in the report that would make us suspects. and they should have to show us a report that says its our model or color car or something.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

It's radical, but it just might work.

sometimes there just aren't enough belgians

Dakmar  posted on  2007-02-19   22:46:34 ET  Reply   Trace   Private Reply  


#19. To: Dakmar (#18)

It's radical, but it just might work.

It was a worth a try, even a second try.

Victory means exit strategy, and it’s important for the President to explain to us what the exit strategy is. ~George W. Bush
(About the quote: Speaking on the war in Kosovo.)

robin  posted on  2007-02-19   22:57:20 ET  Reply   Trace   Private Reply  


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