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Alamom's Journal
Posted by Alamom in General Discussion: Presidential (Through Nov 2009)
Fri Mar 07th 2008, 10:20 AM
(Martial Law) It's been his dream since before he became Prez. He wanted to be a dictat*r. This would be the perfect storm to give him the title he desires, the power he wants and there would be no elections....no anything. This would be a very stupid thing to do as long as he is prez.

Sen. Patrick Leahy (D-Ver.) -
A little-noted provision of the recently passed Defense Authorization Act allows President Bush to send in the military to police any trouble spot in this country regardless of the wishes of state governors.

On Oct. 17, President Bush signed the John Warner National Defense Authorization Act for Fiscal Year 2007.
>

A highly controversial and little-known aspect of the act “contains a widely opposed provision to allow the president more control over the National Guard changes to the Insurrection Act, which will make it easier for this or any future president to use the military to restore order without the consent of the nation’s governors,” Sen. Patrick Leahy (D-Ver.) said.


Americans “certainly do not need to make it easier for presidents to declare martial law,” Leahy said. “Invoking the Insurrection Act and using the military for law enforcement activities goes against some of the central tenets of our democracy. One can easily envision governors and mayors in charge of an emergency having to constantly look over their shoulders while someone who has never visited their communities gives the orders.”


>


There is good reason, Leahy said, “for the constructive friction in existing law when it comes to martial law declarations. Using the military for law enforcement goes against one of the founding tenets of our democracy. We fail our Constitution, neglecting the rights of the states, when we make it easier for the president to declare martial law and trample on local and state sovereignty.”

The law allows the president to “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, that the president determines that domestic violence has occurred to such an extent that the constituted authorities of the state or possession are incapable of maintaining public order to suppress in any state, any insurrection, domestic violence, unlawful combination or conspiracy.”

“Or other condition” is a critical line in the new law, skeptics say. The president can send the National Guard into any community for any—even frivolous—reasons, they argue.





http://www.americanfreepress.net/html/mart...

Not Copyrighted. Readers can reprint and are free to redistribute - as long as full credit is given to American Free Press - 645 Pennsylvania Avenue SE, Suite 100 Washington, D.C. 20003



http://leahy.senate.gov/issues/Insurrectio...

Insurrection Act

Under the new language, added to the law in the fall of 2006, the President can invoke the act and declare martial law in cases where public order breaks down as a result of a natural disaster, epidemic, terrorist attack, or under the nebulous term of �other conditions."

This change makes it easier for the President to invoke the Act in cases beyond an insurrection � cases which were not intended under the previous purpose of the Act. With these succinct but sweeping changes, the President now does not have to contact or collaborate with any state agency in taking control of the Guard and injecting federal military forces, to carry out patrols or make arrests. The President has to notify but not explain to Congress that he or she believes that states cannot handle the situation.

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