PSA: "Exit denied, citizen."

[unixronin]

Those of you who are voting today, you might want to consider this proposed rule change, just in case it might change your mind on who's a good idea to vote for.  It has been pointed out that this proposed rule change from the Department of Homeland Security "will change the basic nature of international travel to essentially require every US citizen to get advance permission from Homeland Security before leaving or entering the country."

That may be an alarmist interpretation, but ... did you know that Congress just granted the President the authority to unilaterally declare martial law?  You heard all about the Military Commissions Act that, among other things, de facto legalized US use of torture.  What you may not have heard about was that on the same day, Congress also passed H.R. 5122, the "John Warner Defense Authorization Act of 2007".  A little-noticed rider slipped in at the last moment amends the Insurrection Act to give the President direct command authority to deploy state National Guard units for domestic law enforcement purposes, without the consent or approval of the state legislatures or governors:

Public Law 109-364, or the "John Warner Defense Authorization Act of 2007" (H.R.5122) (2), which was signed by the commander in chief on October 17th, 2006, in a private Oval Office ceremony, allows the President to declare a "public emergency" and station troops anywhere in America and take control of state-based National Guard units without the consent of the governor or local authorities, in order to "suppress public disorder."

See the exact amendment here; Library of Congress Thomas reference here.  This change to the Insurrection Act amounts to de facto repeal of the Posse Comitatus Act, which prohibits the use of military force for domestic law enforcement.

There's a reason the state National Guard detachments were placed under the command and control of state governors, and not of the President.  It appears most of Congress has forgotten it.

Those of you who aren't planning to vote, probably deserve whatever you get.

Comments

[danjite.livejournal.com]

As an expat with a US based business, this terrifies me.

And it all happened in a couple of months.

[mazianni.livejournal.com]

Imagine if the Clinton administration had wiretapped overseas calls without warrants (ignoring the legal process already in place to acquire those warrants), effectively legalized torture, given itself the ability to deploy state National Guard units (overriding state governors) for domestic law enforcement, and called the Geneva Convention a "quaint document".

Imagine the howling of the neo-cons and Republicans.

Imagine if Hillary Clinton gets elected and starts out with a majority in the Senate and the House, and decides to keep using all these lovely precedents set by the Bush administration...

[unixronin.livejournal.com]

Now that's a frightening thought. Fortunately, I think that in realistic terms she's not electable.

[olafthunderfoot.livejournal.com]

then we'd all be fucked!

[fatcook.livejournal.com]

Oh, Bloody HELL...!
Any bets we get an October/November "surprise" in 2008?

I'm voting tonight after work. But then again, I always vote.

[nephthys510.livejournal.com]

Habeus Corpus and Posse Comitatus in one week.

AWESOME

And people wonder why I wake up screaming

[danjite.livejournal.com]

not directly related, but:

In my vast experience (http://danjite.livejournal.com/370526.html?nc=6), most poll workers are right leaning or hard right, over 65, non technically savvy people who do not understand the process or the new technology.

Please, please, as an act of patriotism, work the polls and seduce all your friends into doing the same.

It will give you a warm glow of patriotism, no matter how awful it winds up being.

Please. Do it.

[mzmadmike.livejournal.com]

I dunno where you've worked the polls, but in 12 years, I've never met an honest democrat.

The ONLY completely honest polling station I saw was run be Republicans, the Dems at that facility having called in sick. And as long as Detroit, Shicago, LA, NYC, DC, Indianapolis and Youngstown exist, the Dems have no moral high ground of their own.

The National Guard has always been a federal entity that the states can recall under STATE orders when needed. The president has NEVER needed state authority to recall them. There was even a SCOTUS case to this effect around 1988, IIRC. Perspich vs US.

Stationing activated troops stateside is legal and happens all the time. However, using them for civil disorder would violate posse commitatus.

Of course, the howler monkeys demanded MORE federal authority after Katrina, where the DEMOCRAT mayor and governor refused to allow fed troops and Guard troops from other states on scene. This is clearly a response to that.

So, they want the government to do more, but don't want it to have more authority and power...

And you're encouraging those idiots to vote?

[majelix.livejournal.com]

"There's a reason the state National Guard detachments were placed under the command and control of state governors, and not of the President. "

No they weren't. That's what the State Guards are for.

[unixronin.livejournal.com]

Um, excuse me, but .... which State Guards are you referring to that are not the individual states' National Guard?

[majelix.livejournal.com]

State Guards (or Defense Forces, or State Militia, or Military Reserve) are separate entities from the National Guard, even though their MOS is usually to support it. From the Federal side, they're defined primarily in 32 USC 109. The primary distinction is that State Guards cannot be federalized, though the States themselves have broad authority as the Commander-in-Chief is typically the Governor(Georgia, for instance, is both unpaid and unarmed).

Wikipedia or SGAUS should have a list of which states have organized defense forces. I'm sure your local SDF would be glad to have you should you wish to serve.

[unixronin.livejournal.com]

Unfortunately, I'm pretty sure I'm 4F.

[mzmadmike.livejournal.com]

State Guards will still take you. Most of them don't offer any pay.

IN has the Indiana Guard Reserve who fills in to handle civil emergencies if the IN NG is deployed. Texas has a State Militia. VA has the VA Defense Force. I think most states will have them soon.

Of course, the original state militias were federalized as the National Guard in 1903. I wonder when it will step down another level.