Monday, December 1, 2008

Follow Up: Combat troops on our own soil

As a follow up on the US stationing combat brigades on our own soil and the legality of such an act:
The United States has had a long tradition of frowning on the use of the military for domestic law enforcement purposes, and that finds expression most vividly in what's known as the Posse Comitatus Act, passed in the late 1800s, which, generally speaking, makes it a crime to use the military for domestic law enforcement unless Congress has expressly authorized an exception to that prohibition. The most gaping hole created in the act was the provision sponsored by Senator John Warner, called the National Defense Authorization Act for Fiscal Year 2007. And it basically said Congress hereby creates an exception for Posse Comatatus any time that the president says there's a terrorist incident, a natural disaster, and then this open-ended loophole: "or other other conditions" that makes him conclude that state authorities are not sufficient to suppress insurrection, domestic violence, rebellion, or otherwise. So that statute now basically endows the president with authority, in his own unilateral discretion, to decide that he will use the military any time he wishes for domestic law enforcement purposes, and this brigade or this combat unit is certainly prepared to do such implementation at the president's beck and call.
In essence, the threat of a terrorist attack is expected to cause us to shake in fear and give up our rights, all in the name of "security."

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