On October 17th, 2006, with one fell swoop of the pen, President Bush quietly signed into law the "John Warner Defense Authorization Act of 2007" (H.R.5122) (2), effectively positioning the US Government full and complete autonomy at a Federal Level regardless and irrespective of local authority. This act is [b]not[b] the same legislation as the previously featured Military Commissions Act, but was made official that same day.

This act officially allows the President to override all state and local authority and station troops anywhere in America as well as relinquishes the National Guard of control without the consent of the Governor or local authorities in order to "suppress public disorder". The law also facilitates militarized police round-ups and detention of protesters, so called "illegal aliens," "potential terrorists" and other "undesirables" for detention in facilities currently under construction by Halliburton.

Previously, the Insurrection Act (10 U.S.C.331 -335), designed to protect the citizens of the United States against unfair martial law by enforcing strict prohibitions on military involvement in domestic law enforcement along with the Posse Comitatus Act of 1878 were two laws which specifically served to protect the American people against undue diligence or governmental power. The Posse Comitatus Act prohibited Federal military personnel under Federal authority from acting in a law enforcement capacity within the United States, except where expressly authorized by the Congress, a right which our ancestors felt was inherently important - important enough to enact an entire act around this. Together, these two acts served to substantially limit the powers of the Federal government's use of military for law enforcement.

What allowed this to happen? The Homeland Security Act, Title 6 Chapter 1 Subchapter VIII, Part H, Sec, 466 began to tear away the foundations of this act specifically:


1. Section 1385 of title 18 (commonly known as the Posse Comitatus Act) prohibits the use of the Armed Forces as a Posse comitatus to execute the laws except in cases and under circumstances expressly authorized by the constitution or Act of Congress.

2. Enacted in 1878, the Posse Comitatus Act was expressly intended to prevent United States Marshals, on their own initiative, from calling on the Army for assistance in enforcing Federal law.

3. Some believe the Posse Comitatus Act has served the Nation well in limiting the use of the Armed Forces to enforce the law. Whether this is a good thing or not is subject to debate.

4. The Posse Comitatus Act was not intended to be a complete barrier to the use of the Armed Forces for a range of domestic purposes, including law enforcement functions, when the use of the Armed Forces is authorized by Act of Congress or the President determines that the use of the Armed Forces is required to fulfill the President's obligations under the Constitution provide for the common defense or to respond promptly to insurrection, or other serious emergency.

5. Existing laws, including Title 10, Chapter 15 (commonly known as The Insurrection Act, and The Robert T.Stafford Disaster Relief and Emergency Assistance Act, grant the President broad powers that may be invoked in the event of domestic emergencies, including an attack against the Nation using weapons of mass destruction, and these laws specifically authorize the President to use the Armed Forces to help restore public order.

6. The Posse Comitatus Act could be replaced, nullified or modified by a simple act of Congress.

With a key nod to the 6th point, and with no further acts of terrorism which made it a necessity to change it, changed it was.

Only one representative, Senator Patrick Leahy (D-Vermont), verbally contested this act, noting that 2007's Defense Authorization Act contained a "widely opposed provision to allow the President more control over the National Guard [adopting] changes to the Insurrection Act, which will make it easier for this or any future President to use the military to restore domestic order without the consent of the nation's governors."

Senator Leahy went on record as saying, "We certainly do not need to make it easier for Presidents to declare martial law. Invoking the Insurrection Act and using the military for law enforcement activities goes against some of the central tenets of our democracy. One can easily envision governors and mayors in charge of an emergency having to constantly look over their shoulders while someone who has never visited their communities gives the orders."

It's a scary prospect. And while we all like to hope that the Government only has our own best interests at this act effectively sets up shop for the Federal Government to come into any town USA and take over, no questions asked, for whatever reason they see fit.

Source:

(1) http://leahy.senate.gov/press/200609/091906a.html

(2) http://www.govtrack.us/congress/bill.xpd?bill+h109-5122

(3) http://www.towardsfreedom.com

(4) Wikipedia.com