Nevermind that the news is from 2006, not 2007 (it was signed in October 2006). This is an important law. It actually allows the president to station military troops anywhere within the U.S. and take charge of state National Guard troops for the purpose of suppressing “public disorder.” In other words, we’re overturning U.S. law, the Posse Comitatus Act, the Insurrection Act, and the First Amendment to the U.S. Constitution, all of which have historically shown respect to the right of the people to peacefully assemble. President Bush doesn’t think we should have that right.
Don’t believe Project Censored or trust it as a source? Don’t believe or trust me? That’s fine. Read the actual text of the law (it’s House name is H.R. 5122):
(a) Use of Armed Forces in Major Public Emergencies- (1) The President may employ the armed forces, including the National Guard in Federal service, to–
`(A) 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 in any State or possession of the United States, the President determines that–
`(i) domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; and
`(ii) such violence results in a condition described in paragraph (2); or
`(B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition described in paragraph (2).
`(2) A condition described in this paragraph is a condition that–
`(A) so hinders the execution of the laws of a State or possession, as applicable, and of the United States within that State or possession, 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, and the constituted authorities of that State or possession are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
`(B) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
`(3) In any situation covered by paragraph (1)(B), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.
It’s Section 333.
The problem with this as it is worded is that the president himself is the authority on what determines an insurrection of loss of public order. There are no checks and balances included in the provision. The president must notify Congress of his decision to use the military for such purposes and keep them informed “every 14 days”, but there is no oversight or check on his authority to do so. In other words, on a whim, any president, present or future, can declare martial law for any reason he so deems and deploy the military, including any state National Guard - even across state lines into other states if he so wishes - to suppress the right of the people to be angry at their government for trampling upon their rights.
Here’s what I envision the practical application to be:
A future election has a very close end. It all boils down to one state and the results are so close that the winner is by a few hundred votes. Sound familiar? After two recounts it has been twice determined that the Republicans won and twice determined that the Democrats have won, depending on how the count was conducted. Then things begin to get nasty. An angry mob of Democrats begins to gather outside the Republican headquarters in the most disputed county in protest; likewise, a group of angry Republicans begin forming outside of Democratic headquarters. The president, a Democrat, decides to take action. No one has gotten violent - yet; but we’re bound and determined to prevent violence before it happens. The state National Guard - let’s say it’s Ohio - is deployed under federal orders to start arresting people in front of the Democratic headquarters (but these are all Republicans). It’s defined as an insurrection and because of H.R. 5122, the president has the authority to do this.
Sound crazy? It is. And where has the media been in all of this? Nowhere. No one has reported on it. I didn’t hear about it. Did you? Where’s the protest?
