Dictatorship (almost)

A few days ago I forwarded an email received from _____ claiming that the defense appropriations bill signed by George the Third on Oct. 17 revised the Insurrection Act to expand the power of the Executive to impose martial law without State cooperation. (Read article here: http://sf.indymedia.org/news/2006/10/1732834.php ) I looked through the ponderous "John Warner Defense Authorization Act of 2007" to confirm the information in that article. Here is a summary of the changes I found.

A) 10 USC Chapter 15, previously titled "Insurrections," is retitled "Enforcement of Laws to Restore Public Order."

B) 10 USC 333, "Interference with State and Federal Law," previously authorized the President to use "the militia or armed forces ... to supress ... any insurrection, domestic violence, unlawful combination, or conspiracy," if it hinders or obstructs the execution of the law so far that the citizens are "denied the equal protection of the laws secured by the Constitution." Under the new law Sec. 333 is retitled "Major public emergencies; interference with State and Federal law." Under the revised law, the President may also use the armed forces or the National Guard (militia is not mentioned) to restore public order and enforce federal laws following "a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition" which results in the breakdown of public order.

C) 10 USC 334, "Proclamation to disperse," requires the President, when using the armed forces in a law enforcement capacity under Chapter 15, to issue a "proclamation ... order[ing] the insurgents to disperse and retire peaceably to their abodes within a limited time." The new law reads "... the insurgents, or those obstructing the enforcement of the laws, to disperse..."

While the author of the previously mentioned article reverts to hyperbole in his claim that Bush has, in effect, declared himself dictator, there is certainly a significant pattern of consolidation of power in these changes. It is worth noting that 10 USC Chapter 15 has already been widely abused by previous administrations without judicial or legislative interference. And while the sincerity of Senator Leahy is worthy of doubt, his statements are undoubtedly correct and should make all of us take a realistic look at how we have allowed the current climate of fear to excuse the discarding of our liberties.

Echoooooes