Monday, October 30, 2006

Give Section 1076 The F.I.N.G.E.R.

Now with the upcoming Mid-Term Elections, a little virtually unknown piece of legislature that was passed and gives the (P)Resident the power to take power over the State militias, (The National Guard), has gained some recognition, with a Newly formed group of patriots, the project is called ”FINGER”. The legislation they want repealed is Section 1076

FINGER is an acronym for, Federalist, Independence, National Guard, Emergency, Response.
Below I have Barrowed a section from Major Danby’s diary.

Federalist
Federalist means one who favors “federalism”: the principle that some government activities belong to the federal government, while others belong to the states. The classic example of an activity assigned to the states is “policing.” We as a nation have always wanted our policing to be done at the state and local level. We have not wanted a national police force that ultimately was under the control of a single person. A national police force opens the door to tyranny.
Independence
Independence means that a state Governor, not the President, should have the final say in how and when to deploy a state’s National Guard troops. This principle was already watered down in Perpich v. Department of Defense, a unanimous 1990 Supreme Court decision that said that a Governor cannot veto use of National Guard troops in an overseas commitment. Whatever you think about that, it’s very different from the Governor not having the final say about the domestic deployment of troops for the purpose of law enforcement.
National Guard
The National Guard is the military force of each state and territory -the “Governor’s muscle.” The Governor can call up the National Guard for purposes such as disaster relief or emergency law enforcement. The President can call up a state National Guard to supplement regular troops in a foreign war. The President’s power to call up the National Guard for domestic use - to enforce federal law through what is called “martial law” - is restricted by the Posse Comitatus Act (18 U.S.C. § 1385). The exceptions to this law -when the President can call up National Guard troops for domestic use, are found in the Insurrection Act (10 U.S.C. §§ 331 -335).
Emergency Response
Emergency Response refers to the conditions under which the National Guard can be deployed. Congress has expanded the exceptions to the Posse Comitatus Act to where the President can deploy National Guard troops domestically, for federal law enforcement, for pretty much any emergency he thinks is appropriate. Now, because Congress passed Section 1076, “The President may employ the armed forces, including the National Guard in Federal service, to … (B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition [that] … (2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.” You could drive a tank through this new exception to the Posse Comitatus Act!
Put them together, and FINGER says to the President:
Keep your fingers off the Governor’s control over the National Guard and restore the Posse Comitatus Act to its former state! Repeal Section 1076!

Now here is what Section 1076 does,

Section 522 (House section 511) extends from 270 days to 365 days
the period for which the Selected Reserve and Individual Ready Reserve may be involuntarily called to active duty.

* Section 1076 (Senate section 1042):

o Amends the “Insurrection Act” (i.e., Chapter 15 of title 10, U.S. Code) by:

§ Changing the title of chapter 15 of title 10, U.S. Code) from “Insurrection” to “Enforcement of the Laws to Restore Public Order”;

§ Changing the title of section 333 of chapter 15 from “Interference with State and Federal Law” to “Major Public Emergencies; Interference with State and Federal Law”;

§ Clarifying the President’s authority, under section 33 of chapter 15, to use the armed forces, including the National Guard in Federal service, without a request from a State governor, to restore order and enforce Federal laws in cases where, as a result of a terrorist attack, epidemic, or natural disaster, public order has broken down; and

§ Including those who are obstructing the laws to the existing requirement for the President to issue a proclamation ordering insurgents to disperse and retire peaceably to their abodes within a limited time.

o Amends Chapter 152 of title 10, U.S. Code, to authorize, with certain limitations, the President, in any situation he determines to exercise the authority provided in section 333 of chapter 15, to direct the Secretary of Defense to provide supplies, services, and equipment (e.g., food, water, utilities, transportation, search and rescue, medical care, and other assistance necessary to save lives and property) to persons affected by the incident.

o Amends section 12304 of title 10, U.S. Code, eliminating the limitation imposed on the President’s authority to involuntarily call to active duty members of the reserve components to perform law enforcement and other duties in response to serious natural or man-made disasters, accidents, or catastrophes to only those incidents involving terrorist or weapons of mass destruction threats or attacks.

What the legislature did with its vagueness in this section, is open the door for a president to take the National Gaurd from one state to another, to quash a demostration, not know ahything but the oders they were given. this can be done even with the objection of the Governors. This has the possibility of another, Tienanmen Square, or to bring it closer to home, A Kent State.

A Newly Added section to the Posse Comitatus is Sec. 831, which has to do with Nuclear Materials. The section I have posted below is the supposed purpose of the adding of this section, but it like almost all laws and revisions written under this administration are, wide open and left to the discretion of the President at the time.

Purpose. - The purpose of this title [enacting section 2332c
of this title, amending this section and sections 175, 177, 178,
and 2332a of this title, and enacting provisions set out as notes
under section 262 of Title 42, The Public Health and Welfare, and
section 1522 of Title 50, War and National Defense] is to provide
Federal law enforcement agencies with the necessary means and the
maximum authority permissible under the Constitution to combat the
threat of nuclear contamination and proliferation that may result
from the illegal possession and use of radioactive materials.”

After reading section 176, a suspicious minded man would have to ask, what are we the people being setup for by our own government?

ABA
Ps. Do yourself a favor, read the section 1076, and the Posse Comitatus Act, then ask yourself, why did they give him this power?

1 comment:

das said...

Given the process required for a bill to become law and the fact that the changes were passed by a bipartisan majority of both houses of Congress (94-0 in the Senate, and 398-23 in the House), I thought some of you may be interested to know about the actual changes made to the Insurrection Act of 1807. In order for military forces to be used under these provisions, the following conditions must be met:

(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.

These are the same conditions that must be met under the old wording of the statute; however, the surrounding language has been expanded to include application to any event that is still also determined to meet these conditions, such as major public emergencies, terrorist incidents, and so on, as opposed to only "insurrection" specifically. Congress must also be informed immediately and every 14 days thereafter during the exercise of such authority, which was not required under the old statute.

The changes to this law are likely the result of public outcry in response to the Hurricane Katrina disaster, particularly President Bush's refusal to activate National Guard elements by federal or presidential order given the previous restrictions to such an order. This expansion of the wording would have, for example, allowed Hurricane Katrina to fall under the guidelines as a "natural disaster", whereas previously "insurrection" was required.

Here is the old text:

-----
333. Interference with State and Federal law

The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it—

(1) so hinders the execution of the laws of that State, and of the United States within the State, 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 are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or

(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws. In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.
-----

And here is the new text:

-----
333. Major public emergencies; interference with State and Federal law

(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.

(b) NOTICE TO CONGRESS.--

The President shall notify Congress of the determination to exercise the authority in subsection (a)(1)(A) as soon as practicable after the determination and every 14 days thereafter during the duration of the exercise of the authority.
-----

As you can see, the wording REQUIRES that the identical conditions be met (included in paragraph 2), as well as both requirements under (a)(1)(A). The only real difference is allowing the conditions to be met during "a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition" as opposed to "insurrection" specifically. (Besides, can't it be argued that "insurrection" can be broadly defined, too, if the real interest is to declare martial law?)

Just because there is now "or other condition" wording in the revised statute does NOT mean they can just arbitrarily decide there is an "other condition" and deploy the military or national guard. The condition still MUST meet the guidelines above; it's just that now it's not an "insurrection" that also meets those conditions, it's any event that meets those conditions. But the conditions themselves are specific, and are actually carefully worded to guarantee Constitutional protections.

Regards,

Dave Schroeder
University of Wisconsin - Madison
das@doit.wisc.edu
http://das.doit.wisc.edu/