Martial Law

Bush was able to sneak a provision into a law known as the Insurrection Act making martial law easier. Of course, this was done with no public hearings. All 50 governors oppose the law. Senators Patrick Leahy, Democrat of Vermont, and Christopher Bond, Republican of Missouri have introduced a bill that would repeal revisions. from Democracy NOW! Bush Given Power to Deploy US Troops Domestically & Declare Martial Law In news from Capitol Hill, Congress is coming under criticism for approving a little noticed provision last year that makes it easier for President Bush to declare martial law and to send US troops into American cities. At the administration's request, Congress approved the changes to a law known as the Insurrection Act without ever holding a public hearing. Under the new law, the president now has the authority to use both active-duty armed forces and the National Guard on American soil -- not just during a rebellion -- but also a natural disaster, terrorist attack, pandemic or other chaotic situation. All 50 of the nation's governors have opposed the rule changes. Earlier this month Senators Patrick Leahy, the chair of the Judiciary Committee, and Republican Christopher Bond introduced legislation to repeal the changes Congress approved last year. From The New York Times: Editorial Making Martial Law Easier Published: February 19, 2007 A disturbing recent phenomenon in Washington is that laws that strike to the heart of American democracy have been passed in the dead of night. So it was with a provision quietly tucked into the enormous defense budget bill at the Bush administration’s behest that makes it easier for a president to override local control of law enforcement and declare martial law. The provision, signed into law in October, weakens two obscure but important bulwarks of liberty. One is the doctrine that bars military forces, including a federalized National Guard, from engaging in law enforcement. Called posse comitatus, it was enshrined in law after the Civil War to preserve the line between civil government and the military. The other is the Insurrection Act of 1807, which provides the major exemptions to posse comitatus. It essentially limits a president’s use of the military in law enforcement to putting down lawlessness, insurrection and rebellion, where a state is violating federal law or depriving people of constitutional rights. The newly enacted provisions upset this careful balance. They shift the focus from making sure that federal laws are enforced to restoring public order. Beyond cases of actual insurrection, the president may now use military troops as a domestic police force in response to a natural disaster, a disease outbreak, terrorist attack or to any “other condition.” Changes of this magnitude should be made only after a thorough public airing. But these new presidential powers were slipped into the law without hearings or public debate. The president made no mention of the changes when he signed the measure, and neither the White House nor Congress consulted in advance with the nation’s governors. There is a bipartisan bill, introduced by Senators Patrick Leahy, Democrat of Vermont, and Christopher Bond, Republican of Missouri, and backed unanimously by the nation’s governors, that would repeal the stealthy revisions. Congress should pass it. If changes of this kind are proposed in the future, they must get a full and open debate.