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unixronin: Galen the technomage, from Babylon 5: Crusade (Default)
Unixronin

December 2012

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Tuesday, November 7th, 2006 11:01 am

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.

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