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.
From here.
Martial Law Made EZ
- Doug
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Martial Law Made EZ
"We could have done something important Max. We could have fought child abuse or Republicans!" --Oona Hart (played by Victoria Foyt), in the 1995 movie "Last Summer in the Hamptons."
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That sneaky/stealth totalitarian move was hitting the internet via groups like MoveOn when it happened. All my letters to Pryor, Lincoln, and even rubberstamp Boozman have included revoking that one as well as the MCA and the various unconstitutional aspects of the Patriot Act (like for instance the power to "delay" elections if there's danger of "terrorism".) There's currently a bill in the Senate to revoke it - bipartisan, too. ( R. Kit Bond of MO co-sponsored it, which shows that at least SOME Rs are getting worried about a potential Bush dictatorship - or realizes that even if Bush doesn't make the move to totalitarianism, theyv'e laid the groundwork for the next power-mad president to do so.)
Barbara Fitzpatrick
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Actually, posse comitatus has been emasculated and ignored for many years now. The War on Drug (User)s is a prime example, where not only has the military been involved in drug interdiction, but military-style commando raids are used extensively in domestic enforcement. The centralization ("federalization") of law contributes to this.Doug wrote: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.
I don't understand the last sentence. It sounds like you approve of using the military to enforce federal laws. Yet a few sentences before, you seemed to support the posse comitatus. In the last sentence, you seem to imply that rulers/politicians/flaghumpers make a distinction between enforcing federal law and restoring public order.Doug wrote:The newly enacted provisions upset this careful balance. They shift the focus from making sure that federal laws are enforced to restoring public order.
In some ways, promoting anarchism is easy. All I need to do is point out the alternative to statism. Government seems intent on creating the rope to hang itself. Both Doug and Barbara see clearly how awful and dangerous these government actions are. They merely need to think outside the statist box and come to the realization that it is government itself, the institution, which is the cause (rather than e.g. merely the personnel now running the government.)
"May the the last king be strangled in the guts of the last priest." - Diderot
With every drop of my blood I hate and execrate every form of tyranny, every form of slavery. I hate dictation. I love liberty. - Ingersoll
With every drop of my blood I hate and execrate every form of tyranny, every form of slavery. I hate dictation. I love liberty. - Ingersoll
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- Dardedar
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DARBarbara Fitzpatrick wrote:Somalia is not my choice of living styles.
As you well know, it isn't Hogeye's choice either. Deep down he likes the cradle to grave protection of our glorious nanny state just as much as the next guy.
Just think, Hogeye's diapers were probably government approved (they certainly are now) and his casket will probably be made to approved government specifications as well. Cradle to grave.
It's easy to be an anarchist, when you live in a State.