His words:
We cannot continue to rely only on our military in order to achieve the national security objectives that we've set. We've gotta have a civilian national security force that's just as powerful, just as strong, just as well funded.
If Obama gets his wish, it would mean the final, complete and total obliteration of the Posse Comitatus Act, coupled with a huge expansion of the Insurrection Act.
The Posse Comitatus Act, codified at 18 U.S.C. 1385, prohibits most uniformed armed services from enforcing state law or police powers on non-federal property. The Insurrection Act, codified at 10 U.S.C. 331-335, permits use of the armed forces to suppress
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.
According to Wikipedia:
The Act was a response to, and subsequent prohibition of, the military occupation by U.S. Army troops of the former Confederates States during the ten years of Reconstruction (1867–1877) following the American Civil War (1861–1865).
The Posse Comitatus has already become subject of many exceptions that have increased the power of the presidency.
After Hurricane Katrina, and in the wake of media and public outrage that the federal government had not acted quickly enough, President George W. Bush and the then republican controlled congress passed the John Warner National Defense Authorization Act for Fiscal Year 2007, which included a section titled "Use of the Armed Forces in major public emergencies." This section greatly expanded the circumstances under which the president can call in the armed forces under the Insurrection Act to include "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The 2008 congress repealed these changes, so that the Insurrection Act is now back to its former pre-Katrina form.
Obama's proposal dwarfs all prior attempts to expand presidential power over civilians in this country to an unprecedented degree. He apparently envisions a police state controlled by the president.
More recently, bloggers sounded the alarm in response the announcement in the Army Times
that the 3rd Infantry Division’s 1st Brigade Combat Team is in training to become "an on-call federal response force for natural or manmade emergencies and disasters, including terrorist attacks."
Glenn Greenwald at Salon called this article "obviously disturbing," writing:
It shouldn't take any efforts to explain why the permanent deployment of the U.S. military inside American cities, acting as the President's police force, is so disturbing. Bovard:
"Martial law" is a euphemism for military dictatorship. When foreign democracies are overthrown and a junta establishes martial law, Americans usually recognize that a fundamental change has occurred. . . . Section 1076 is Enabling Act-type legislation—something that purports to preserve law-and-order while formally empowering the president to rule by decree.
Chuck Baldwin at www.newswithviews.com also voiced concern:
One of America's most sacred principles has always been that the U.S. military was never to be used for domestic law enforcement. The fear of standing armies ran very deep in the hearts and minds of America's founders. The tyranny and misery inflicted upon the colonies by British troops weighed heavily upon those who drafted our Constitution and Bill of Rights. In their minds, the American people would never again be subjected to the heavy weight of army boots. Furthermore, they insisted that America would have a civilian--not military--government.
And after the fiasco of the abuse of federal troops in the South following the War Between the States, the doctrine of Posse Comitatus was enacted into law.
. . .
Who will give the order to send U.S. troops against American civilians, and under what circumstances? What will the rules of engagement be? How will "unruly" and "dangerous" be defined? How will soldiers be asked to deal with "crowd" or "traffic" control? And perhaps the biggest question is, Once we begin to go down this road, where will it lead?
For several years, the federal government has been accumulating to itself more and more authority that was historically understood to reside within the states and local communities. More and more, our police departments have taken on the image and tactics of the armed forces. And to a greater and greater degree, the rights and liberties of the American people are being sacrificed on the altar of "national security." It seems to me that to now ascribe law enforcement duties to the U.S. Army only serves to augment the argument that America is fast approaching police state status.
If Hurricane Katrina is the template that our federal government is using as a model for future events, Heaven help us! Do readers remember how National Guard troops were used to confiscate the personal firearms of isolated and vulnerable civilians shortly after that hurricane devastated the New Orleans area? Do you remember how representatives of the federal government were calling upon pastors and ministers to act as spokesmen for gun confiscation? Is this what the new Army brigade is preparing for? And do President Bush and his military planners envision an even broader role for military troops on American soil?
And what do Barack Obama and his military planners envision? By his own words, a vast expansion of federal powers beyond George W. Bush's wildest dreams.
Comments