Did Bush just bypass the Insurrection and Posse Comitatus Acts?

[drone]

Found this little snippet on Slashdot. On the same day Bush signed the Military Commissions Act, he signed this bill as well.
http://towardfreedom.com/home/content/view/911/

In a stealth maneuver, President Bush has signed into law a provision which, according to Senator Patrick Leahy (D-Vermont), will actually encourage the President to declare federal martial law (1). It does so by revising the Insurrection Act, a set of laws that limits the President's ability to deploy troops within the United States. The Insurrection Act (10 U.S.C.331 -335) has historically, along with the Posse Comitatus Act (18 U.S.C.1385), helped to enforce strict prohibitions on military involvement in domestic law enforcement. With one cloaked swipe of his pen, Bush is seeking to undo those prohibitions.

Public Law 109-364, or the "John Warner Defense Authorization Act of 2007" (H.R.5122) (2), which was signed by the commander in chief on October 17th, 2006, in a private Oval Office ceremony, allows the President to declare a "public emergency" and station troops anywhere in America and take control of state-based National Guard units without the consent of the governor or local authorities, in order to "suppress public disorder."

President Bush seized this unprecedented power on the very same day that he signed the equally odious Military Commissions Act of 2006. In a sense, the two laws complement one another. One allows for torture and detention abroad, while the other seeks to enforce acquiescence at home, preparing to order the military onto the streets of America. Remember, the term for putting an area under military law enforcement control is precise; the term is "martial law."

Section 333, for those that like sausage...

Spoiler Alert, click show to read: 

Sec. 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 that authority.'.

(2) PROCLAMATION TO DISPERSE- Section 334 of such title is amended by inserting `or those obstructing the enforcement of the laws' after `insurgents'.

(3) HEADING AMENDMENT- The heading of chapter 15 of such title is amended to read as follows:

CHAPTER 15--ENFORCEMENT OF THE LAWS TO RESTORE PUBLIC ORDER'.

(4) CLERICAL AMENDMENTS- (A) The tables of chapters at the beginning of subtitle A of title 10, United States Code, and at the beginning of part I of such subtitle, are each amended by striking the item relating to chapter 15 and inserting the following new item:

331'.

(B) The table of sections at the beginning of chapter 15 of such title is amended by striking the item relating to sections 333 and inserting the following new item:

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

(b) Provision of Supplies, Services, and Equipment-

(1) IN GENERAL- Chapter 152 of such title is amended by adding at the end the following new section:

`Sec. 2567. Supplies, services, and equipment: provision in major public emergencies

`(a) Provision Authorized- In any situation in which the President determines to exercise the authority in section 333(a)(1)(A) of this title, the President may direct the Secretary of Defense to provide supplies, services, and equipment to persons affected by the situation.

`(b) Covered Supplies, Services, and Equipment- The supplies, services, and equipment provided under this section may include food, water, utilities, bedding, transportation, tentage, search and rescue, medical care, minor repairs, the removal of debris, and other assistance necessary for the immediate preservation of life and property.

`(c) Limitations- (1) Supplies, services, and equipment may be provided under this section--

`(A) only to the extent that the constituted authorities of the State or possession concerned are unable to provide such supplies, services, and equipment, as the case may be; and

`(B) only until such authorities, or other departments or agencies of the United States charged with the provision of such supplies, services, and equipment, are able to provide such supplies, services, and equipment.

`(2) The Secretary may provide supplies, services, and equipment under this section only to the extent that the Secretary determines that doing so will not interfere with military preparedness or ongoing military operations or functions.

`(d) Inapplicability of Certain Authorities- The provision of supplies, services, or equipment under this section shall not be subject to the provisions of section 403(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(c)).'.

(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`2567. Supplies, services, and equipment: provision in major public emergencies'.

(c) Conforming Amendment- Section 12304(c)(1) of such title is amended by striking `No unit' and all that follows through `subsection (b),' and inserting `Except to perform any of the functions authorized by chapter 15 or section 12406 of this title or by subsection (b), no unit or member of a reserve component may be ordered to active duty under this section'.

I have no idea about the bias of this website (seems pretty anti-Bush to me, but that doesn't necessarily mean much these days), so I don't know if these guys are a bunch of tin-foil hat wearing wack jobs, or if they actually have some credibility. Anybody else hear of this? Is this something snuck in, or just an ill-advised response to the Katrina fiasco?

[Sasaki Kojiro]

[Blodrast]

Is/was there any reason, published or specified anywhere, as to why this was necessary ? Did he justify this in any way ?
Because if there is, well, then maybe we can understand why this was signed.

Honestly, drone, things like this and the Comissions Act don't surprise me one bit anymore. Modest intelligence perhaps, but in my little mind I think I've a pretty good idea where all this is heading - and by all this I mean several things that have happened during the last few years. Yeah, sure, tinfoil hat, whatever.

And even if in and of itself each step is a small step, when you start putting them together, well... But whatever, I won't repeat myself yet again.

So, in the meantime, let's wait for the pro-Bush supporters who will claim that there are other laws that will balance this, and the lockdown of the three branches of government and all that. Sure, sure.

And since there's already been one reply, and this vital question hasn't been asked yet, I'll be the one: why do you hate freedom, drone ?

[CrossLOPER]

I find this post severely offensive. Moderators, do your job for once and please delete it and ban drone. He has gone out of his way to cross the line this time.

drone: I encourage you to withdraw what you have posted and admit to being the scum of the world and turn yourself in to whomever it is necessary.

[Sasaki Kojiro]

I find this post severely offensive. Moderators, do your job for once and please delete it and ban drone. He has gone out of his way to cross the line this time.

Drone: I encourage you to withdraw what you have said and admit to being the scum of the world and turn yourself in.

The drunkards thread is a few posts farthur up...


As for OP, it's probably nothing much.

[CrossLOPER]

The drunkards thread is a few posts farthur up...


As for OP, it's probably nothing much.

Wonderful answer. Hopefully you noted the sarcasm and responded in kind on purpose.