Anyone ever hear of this act? or was the size of Britney Spears labia the breaking news of the day?
Basically the "expressly authorized by the Constitution or Act of Congress" part has been replaced with whatever one person, the president, wants... the Constitution & congress are now irrelevant in these matters. What was once a Constitutional issue for congress to debate, is now up to el jefe presidente... just like a banana republic.
Signed into law by Bush on October 17, 2006, the same day that he signed the Military Commissions Act.
The JWDA allows the president to station military troops anywhere in the United States and take control of state-based National Guard units without the consent of the governor or local authorities in order to “suppress public disorder.” Its a revision of the two-century-old Insurrection Act... that in effect repeals the Posse Comitatus Act. The Posse Comitatus Act placed strict rules re: military use in domestic law enforcement, the 1878 Act reads in part:
“Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.”
Section 333 of the JWDA is entitled “Major public emergencies; interference with State and Federal law,”, and states that “the President may employ the armed forces, including the National Guard in Federal service—to 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 domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of (or “refuse”???) maintaining public order—in order to suppress, in any State, any insurrection, domestic violence, unlawful combination, or conspiracy.”
I'm sure W & Hillery wont abuse these powers, both are true representatives of the honesty and goodness America has to offer the world.
