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"Use of the Armed Forces in Major Public Emergencies" weakens Insurrection Act · 723 days ago

On Oct. 17, the John W. Warner Defense Authorization Act of 2006 was signed into law by President Bush. Hardly noticed by anyone was that it contained a provision titled “Use of the Armed Forces in Major Public Emergencies” which modified the 1807 Insurrection Act. The changes make it easier for the President to call in the National Guard for use in a martial law situation.

From CQ.com:


Specifically, the new language adds “natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident” to the list of conditions permitting the President to take over local authority — particularly “if domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order.”

Since the administration broadened what constitutes “conspiracy” in its definition of enemy combatants — anyone who “has purposely and materially supported hostilities against the United States,” in the language of the Military Commissions Act (PL 109-366) — critics say it’s a formula for executive branch mischief.

Yet despite such a radical turn, the new law garnered little dissent, or even attention, on the Hill.

One of the few to complain, Sen. Patrick J. Leahy, D-Vt., warned that the measure virtually invites the White House to declare federal martial law.

It “subverts solid, longstanding posse comitatus statutes that limit the military’s involvement in law enforcement, thereby making it easier for the President to declare martial law,” he said in remarks submitted to the Congressional Record on Sept. 29.

“The changes to the Insurrection Act will allow the President to use the military, including the National Guard, to carry out law enforcement activities without the consent of a governor,” he said.

Moreover, he said, it breaks a long, fundamental tradition of federal restraint.

“Using the military for law enforcement goes against one of the founding tenets of our democracy.”

— SWAT Team

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