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Originally posted by burntheships
reply to post by maybereal11
For instance, you are supportive of USNORTHCOM being used for disaters...does that mean that you are supportive of USNORTHCOM being used for law enforcement?
Use of NORTHCOM as law enforcement is a clear violation of the sovereignty of the States...
[edit on 14-8-2009 by burntheships]
Originally posted by maybereal11
As of 2008, these changes have been repealed in their entirety, reverting to the previous wording of the Insurrection Act.
* If we are going to be qouting lengthy laws taking up space, lets at least make sure they are applicable and actually on the books.
Otherwise people might think you are being misleading...
H.R. 5122, also known as the John Warner National Defense Authorization Act for Fiscal Year 2007 was a bill passed in the United States Congress on September 29, 2006 and signed by President George W. Bush on October 17, 2006. H.R. 5122 includes:
$500 billion allocated to the military and defense related activities for fiscal year 2007
Expansion of the President's power to declare martial law under revisions to the Insurrection Act, and take charge of United States National Guard troops without state governor authorization when public order has been lost and the state and its constituted authorities cannot enforce the law (repealed as of 2008[1]);
The elimination of the position of the Special Inspector General for Iraq Reconstruction as of October 1, 2007, currently held by Republican lawyer Stuart Bowen, which is in charge of auditing expenditures in Iraq, transitioning Inspector General responsibilities to the Inspector General offices in the departments of State and Defense, now that the Coalition Provisional Authority is dissolved and Iraq is now a sovereign nation.
A sunset date of September 30, 2012.
These changes were included in the John Warner National Defense Authorization Act for Fiscal Year 2007 (H.R. 5122), which was signed into law on Oct 17, 2006, subsequently repealed in their entirety.
Repeal of amendments
The changes described above were repealed in their entirety by HR 4986: National Defense Authorization Act for Fiscal Year 2008 (full text).
All changes have been repealed, and have changed back to the original state of the Insurrection Act of 1807.
The day after the Military Commissions Act was passed and habeas corpus damaged, a second important protection was virtually wiped away Posse Comitatus. If the weakening of habeas corpus dredges up images of King John, Runnymede, and the Magna Carta, Posse Comitatus should put us in mind of Julius Caesar and the crossing of the Rubicon. The Posse Comitatus Act of 1878 basically forbids the use of the US military or the National Guard under federal control within the United States. It keeps the government from using the miltary on its own citizens. It is essentially the modern version of the Roman law that forbade the legions from crossing the Rubicon into Italy proper.
The Insurrection Act of 1807, on the other hand, authorizes the use of the military and the federalized militia to deal with lawlessness, insurrection and rebellion within the country. The tension between the two acts defines the ways in which the President may legitimately use the military domestically.
The expansion of the Insurrection act came on the "John Warner National Defense Authorization Act for Fiscal Year 2007". Section 1076 of that law rewrote Section 333 of title 10 of the U.S. Code, the Insurrection Act. I wrote a blog posting dealing with the changes a year ago, and also produced a page showing the changes in detail. To summarize quickly, the circumstances under which the President could use the military within the US was expanded from insurrection and rebellion to include "natural disasters, public health emergencies and terrorism", and most alarmingly of all "other circumstances" and left the determination of whether these circumstance pertained to the President.
The good news is that the "National Defense Authorization Act for Fiscal Year 2008" (HR 4986) which was passed and signed by the President in late January completely undid these changes, and the Insurrection Act and Posse Comitatus have returned to their original balance. The bad news is that it had to be done on the QT. Nearly a year before HR 4986 was passed, Senator Leahy, with the support of Kit Bond, Senator Hagel and 10 Democratic Senators introduces S. 513, a bill that would have done the same thing. It died in committee. Only by burying it in the defense authorization act could they sneak it through.
Originally posted by burntheships
The key... the changes not the act itself.
Also other documentation that clealy shows that the John Warner National Defense Act is in force until 2012.
www.govtrack.us...
Enough attempts to derail this thread?
But if state military police preparations weren’t bad enough, the federal government now wants to usurp state forces for domestic use under the Pentagon’s command. Though at least the states are fighting back on this issue.
The National Governors Association wrote a letter to the Department of Defense last week criticizing the proposals to take control of their National Guard units for domestic disasters. “Strong potential exists for confusion in mission execution and the dilution of governors' control over situations with which they are more familiar and better capable of handling than a federal military commander," the letter stated....
......And as early as last year, reports also began to surface that federal troops were preparing for “homeland defense” missions and would be operating on American soil — in what would appear to be a violation of the Posse Comitatus Act, which prohibits the use of military forces in domestic law enforcement.
“They may be called upon to help with civil unrest and crowd control,” noted the Army Times in a 2008 article entitled "Brigade homeland tours start Oct. 1." The soldiers will also be responsible for things like knowing how to set up road blocks and the use of “nonlethal” weapons normally reserved for war-zones to subdue Americans.
Additionally, the Obama administration has recently resurrected the heavily criticized Bush-era proposal to “update” quarantine regulations...
......Unless Americans start demanding some transparency and accountability, the trend towards bigger and more aggressive government will likely continue. This time the excuse happens to be swine flu, but there will always be some “crisis” not to be “wasted,” as Obama’s chief of staff Rahm Emanuel put it..
Additionally, the Obama administration has recently resurrected the heavily criticized Bush-era proposal to “update” quarantine regulations...
Originally posted by Asktheanimals
People used to ask me WHY are our troops over in Iraq and Afghanistan?
The 3rd Infantry Division’s 1st Brigade Combat Team has spent 35 of the last 60 months in Iraq patrolling in full battle rattle, helping restore essential services and escorting supply convoys.
Now they’re training for the same mission — with a twist — at home.
Beginning Oct. 1 for 12 months, the 1st BCT will be under the day-to-day control of U.S. Army North, the Army service component of Northern Command, as an on-call federal response force for natural or manmade emergencies and disasters, including terrorist attacks.....
....They may be called upon to help with civil unrest and crowd control or to deal with potentially horrific scenarios such as massive poisoning and chaos in response to a chemical, biological, radiological, nuclear or high-yield explosive, or CBRNE, attack.
Training for homeland scenarios has already begun at Fort Stewart and includes specialty tasks such as knowing how to use the “jaws of life” to extract a person from a mangled vehicle;....