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Originally posted by Xcathdra
reply to post by Aloysius the Gaul
Artile 1 section 9 - not article 9
Section 9
2: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
Originally posted by elementofthenight
Pretty crazy stuff. The big question is will any American citizens actually DO something about this? For years I've been reading posts on this site, and it just seems that we all know what's happeneing but do NOTHING about it. Maybe it's time we do.
Originally posted by Xcathdra
reply to post by Aloysius the Gaul
Article 1 section 9 goes hand in hand with Posse Commitatus. The Founding Fathers new there would be a possibility of something occuring that would need a unique approach.
Its a built in safeguard so to speak - The Constitution is not a suicide pact.
When applied to this topic, which is what im limiting it to, its in line with the intent of the law. What the federal government is saying is in todays day and time, its not out of the realm of possibility for something to occur (nuclear / checmical / biological incident).
I cant imagine why people would find issue with the federal government being proactive and preparing for the worst, while hoping for the best.
Originally posted by Aloysius the Gaul
Pssee Comitatus act came 100 years later - after the Civil War, not after the War of independance - they have no real link to each other except they are American!
Originally posted by Aloysius the Gaul
What is? the ability to suspend HC when required? the PC Act? the constitution??
Originally posted by Aloysius the Gaul
Ah - right - I see your point - and I agree.
these are not additional troops - they are "just" part of the services alrady deployed in the USA, who aer beign specifically tasked to help with emergency situations - as you say it is hte Fed's actually being pro-active.
Originally posted by Aloysius the Gaul
And I'm pretty suer teh Fed's were criticised for not reacting fast enought to Katrina werent' they? Well being able to react quickly means being prepared before hand - which means training troops if yuo ever expect troops to be used.....edit on 25-7-2011 by Aloysius the Gaul because: (no reason given)
Originally posted by Xcathdra
Originally posted by nenothtu
Yes, it flies directly in the face of Posse Comitatus, but when has a little thing like breaking the law ever even given the government pause before? Bush raped Posse Comitatus, and Obama won't even bat an eye. We've already seen the end-runs he's willing to employ against pesky laws.
No this doesnt violate Posse Commitatus in the least.
Article 1 section 9 - read it please.
Article 1 - The Legislative Branch
Section 9 - Limits on Congress
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
(No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.) (Section in parentheses clarified by the 16th Amendment.)
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.
Once done, look up the Posses Commitatus act and read it please.
The original provision was enacted as Section 15 of chapter 263, of the Acts of the 2nd session of the 45th Congress.
Sec. 15. From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress ; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section and any person willfully violating the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by fine not exceeding ten thousand dollars or imprisonment not exceeding two years or by both such fine and imprisonment[5]
The text of the relevant legislation is as follows:
18 U.S.C. § 1385. Use of Army and Air Force as posse comitatus
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.
Also notable is the following provision within Title 10 of the United States Code (which concerns generally the organization and regulation of the armed forces and Department of Defense):
10 U.S.C. § 375. Restriction on direct participation by military personnel
The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.
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 October 17, 2006.[6]
Section 1076 is titled "Use of the Armed Forces in major public emergencies." It provided that:
The President may employ the armed forces... to... restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition... the President determines that... domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order... or [to] suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such... a condition... so hinders the execution of the laws... that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law... or opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.[7]
and Finally, you guys are going off the deepend. No troops are deployed anywhere. All this was is an effort to plan for a possibility of a nuke / bio / chem incident in the US.
I love how an article discussing preparedness has turned into a martial law is imminent thread.
You guys really need to quit earmongering and educate yoursleves.
Originally posted by Xcathdra
Long response - sorry
Originally posted by Aloysius the Gaul
Pssee Comitatus act came 100 years later - after the Civil War, not after the War of independance - they have no real link to each other except they are American!
Quite the contrary.. The founding fathers were scared to death of a standing military (hence the 3rd amendment). Everything they worked on was a Federal level view, while trying to balance that with the states own sovereignty. The thought of a standing federal military took them back to good ole King George..
The next concern popped up with law enforcement. The fact we modeled our law enforcement system, again, off of England, forced another flash back to the direction our nation was going in. The rules were in place before the civil war. President Lincolns actions during the civil war, namely suspending habeous corpus, etc was ruled by SCOTUS unconstitutional.
Thats what gave rise to the Posse Commitatus act (well that and the aftermath of the civil war when Union troops were essentially occupying the south.
so does Boehner have a secret terror group ready to strike the US? or is it some other far right group? from the link
Far right domestic terrorism on par with foreign threat, experts say
here it comes are you ready? no really? if you read on, do you " browse" this type of site? wonder if the site would be listed??? not that it would be, but then this is TPTB we are talking about er START that is
(CNN) -- The threat of domestic terrorist attacks in the United States similar to last week's fatal bombing and assault in Norway is significant and growing, analysts said Monday.
and you thought this would not happen.
The greatest threat of large-scale attacks come from individuals and small groups of extremists who subscribe to radical Islamic or far right-wing ideologies, said Gary LaFree, director of the National Consortium for the Study of Terrorism and Responses to Terrorism, or START.
Originally posted by zero1020
How much area can 20k troops really cover? I seriously doubt our own troops would "police" us, if you want a perfect example just look at the Egypt during their revolution. Their troops were largely passive.
[do not worry the cops, the feds, and the mil will only use, as they do now, blanks no lead will or can be used when making an arrest as it is now when the cops use "deadly force it is to scare you no one has died, it is MSM spin and TPTB dread.] if you can read this then it is real. the part that is in the [] is not. for here is the link that explains the LAW as it is applied codes.lp.findlaw.com... and the link for the notes as applied by law codes.lp.findlaw.com...
Section 1076
Major changes:
Changed the title of the law from "Insurrection Act" to "Enforcement of the Laws to Restore Public Order Act"
Specifies situations in which the President can invoke martial law (natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident or other condition in which the President determines that domestic violence has occurred to the extent that state officials cannot maintain public order). These had not been specified before.
Spells out the President's obligation to inform Congress within 14 days when he determines to exercise the authority, and every 14 days thereafter, during the exercise of the authority. This had also not been specified under the Insurrection Act.
Compare the previous Insurrection Act to the current "Enforcement of the Laws to Restore Public Order Act" for yourself. Use the following links:
HR 5122 Section 1076 is the Defense Appropriations Bill in which changes to the Insurrection Act appear. Choose the ENR (enrolled) version of the bill.
Insurrection Act—See sections 331-335.
(e)(1) The Attorney General may also request assistance from the Secretary of Defense under this subsection in the enforcement of this section. Notwithstanding section 1385 of this title, the Secretary of Defense may, in accordance with other applicable law, provide such assistance to the Attorney General if—
(3) Assistance under this section may include—
(A) use of personnel of the Department of Defense to arrest persons and conduct searches and seizures with respect to violations of this section; and
(B) such other activity as is incidental to the enforcement of this section, or to the protection of persons or property from conduct that violates this section.
§ 1385. Use of Army and Air Force as posse comitatus
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.
(Added Aug. 10, 1956, ch. 1041, § 18(a), 70A Stat. 626; amended Pub. L. 86–70, § 17(d), June 25, 1959, 73 Stat. 144; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)