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FLASHBACK: The Martial Law Act of 2006

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Echo In Light Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-22-08 06:49 AM
Original message
FLASHBACK: The Martial Law Act of 2006
This article appeared in a Google News search as I was looking for info on a recent thread re martial law measures/practice in Memphis, and a few other southern states: http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=3183305&mesg_id=3183305

The Martial Law Act of 2006
by James Bovard

Martial law is perhaps the ultimate stomping of freedom. And yet, on September 30, 2006, Congress passed a provision in a 591-page bill that will make it easy for President Bush to impose martial law in response to a terrorist “incident.” It also empowers him to effectively declare martial law in response to what he or other federal officials label a shortfall of “public order” — whatever that means.

It took only a few paragraphs in a $500 billion, 591-page bill to raze one of the most important limits on federal power. Congress passed the Insurrection Act in 1807 to severely restrict the president’s ability to deploy the military within the United States. The Posse Comitatus Act of 1878 tightened those restrictions, imposing a two-year prison sentence on anyone who used the military within the United States without the express permission of Congress. (This act was passed after the depredations of the U.S. military throughout the Southern states during Reconstruction.)

But there is a loophole: Posse Comitatus is waived if the president invokes the Insurrection Act.

The Insurrection Act and Posse Comitatus Act aim to deter dictatorship while permitting a narrow window for the president to temporarily use the military at home. But the 2006 reforms basically threw any concern about dictatorial abuses out the window.

Section 1076 of the Defense Authorization Act of 2006 changed the name of the key provision in the statute book from “Insurrection Act” to “Enforcement of the Laws to Restore Public Order Act.” The Insurrection Act of 1807 stated that the president could deploy troops within the United States only “to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy.” The new law expands the list of pretexts to include “natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition” — and such a “condition” is not defined or limited.

Continued:
http://mwcnews.net/content/view/21553/26/

People Worry That Bush Could Easily Implement a Police State. But They Forget to Ask Whether He Has ALREADY Done So
http://www.opednews.com/articles/opedne_george_w_080415_nspd_51_is_a_red_her.htm
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fasttense Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-22-08 07:11 AM
Response to Original message
1. Banana Republics are their most unstable as elections near.
A tin-pot dictator, like bush, is afraid reforms will be instituted that will allow the emaciated government to prosecute him. They are reluctant to give up their power unless a successor is named who will continue to protect the former dictator. If there is a landslide victory for the Democratic party, (I mean one where the rigged elections are overwhelmed by the opposition party vote making it impossible to rig the elections or to drag before a black-robed junta.) I suspect this Martial Law Act will be used.

Right now the repukes think they can rig the election well enough so that Obama wont win. (Because Obama is the wild card. Hillary is a known quantity. Like her hubby and she shielded the first bush, she will probably continue to protect our tin-pot dictator from accountability.) The repukes and Rover probably also have a strategy to bring a suit before the dancing supremes. But plan C is Martial Law.
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Clear Blue Sky Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-22-08 07:14 AM
Response to Reply #1
2. The Bushes and Clintons have the dirt on each other.
They will certainly protect each other. One goes down they all go down.
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onenote Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-22-08 07:22 AM
Response to Original message
3. If you had done a bit more research, you'd know that Congress repealed this provision in January
Always pays to check these things out.

http://leahy.senate.gov/press/200801/013008b.html
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Echo In Light Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-22-08 07:55 AM
Response to Reply #3
4. This is why I included the other article
"it seems to me that this administration has justified its crimes by NOT suspending the state of emergency that went up on September 11, 2001. They are using emergency powers if you look at the whole of the spying, military actions inside the US, etc. I would wager that if asked, this administration will admit that we have been in a state of emergency for their tenure in office."
~ Larisa Alexandrovna

http://georgewashington.blogspot.com/2008/04/evidence-builds-that-continuity-of.html
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