The "Use of the Armed Forces" in America under a National EmergencyUnrestricted & Arbitrary Powers conferred to the President & Vice PresidentBy Prof. Michel Chossudovsky Jun. 28, 2007 |
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In October 2006, Bush signed into law the Department of Defense Authorization Act for Fiscal Year 2007. DDAA 07 includes specific provisions which allow the military to take control of normal policy and law enforcement functions at the federal and State levels. Sec. 1042 of the DDAA 07 overturns the Posse Comitatus Act of 1878, which prevents the military from intervening in the conduct of civilian government activities including the conduct of Justice and Law Enforcement. Posse Comitatus has been central to the functioning of constitutional government. What is significant in these specific provisions of DDAA 07 (Sec. 1042) is that they dovetail the provisions of Bush's National Security Presidential and Homeland Directive (NSPD 51, HSPD 20) enacted on May 9, 2007. NSPD 51 would essentially scrap Constitutional government in the case of a so-called "Catastrophic Emergency". . If an emergency situation were to be called by the President, NSPD 51 would instate martial law under the authority of the White House and the Department of Homeland Security. It would suspend constitutional government under the provisions of Continuity in Government (COG). It would establish extraordinary powers for the president and vice-president. The provisions of NSPD 51 are consistent with an existing body of legislation and regulations pertaining to alleged terrorist attacks on the Homeland and the declaration of martial law. Sec. 1042 of DDAA 07, however, goes much further in defining the role of the Military in the case of a "Catastrophic Emergency." Sec 1042 essentially defines the discretionary powers which would be conferred to the president and the vice president under NSPD 51 Sec. 1042 of the DDAA 07, which was apparently slipped in at the last minute at the request of the White House as an amendment of Sec. 333, pertains to the "Use of the Armed Forces in Major Public Emergencies." Sec 1042 is extremely explicit; it virtually creates a Pinochet style environment for the arrest of political dissidents without trial, the storming of public rallies, etc. It provides specific details regarding the powers conferred to President and Vice President in a "Catastrophic Emergency" as envisaged under NSPD 51 The president "may employ the armed forces ... to restore public order and enforce the laws of the United States"Unrestricted powers are granted to the White House. The President would have the authority of suspending civilian law enforcement at the federal and state levels and calling in the Military, with a view to suppressing "domestic violence" "insurrection"( e.g. public rallies), or "conspiracy", meaning anybody who might express dissent, indignation or opposition to the Bush Administration for having scrapped the Constitution. Taken together, NSPD 51 and Sec 1042 of the DDAA 07 define the contours of a "democratic dictatorship" in America (in the case of a National Emergency) under the authority of the White House. We are not dealing with "Military Rule" or "Military Government" as normally understood, because the authority to govern is still vested in the President and Vice President. What is at stake is the unrestricted and arbitrary "Use" of the Military by the President /Vice President in the conduct of police and law enforcement functions. Below is the full text of Sec 1042 of DDAA07 which amends Sec 333. Full text of DDAA 07: Department of Defense Authorization Act for Fiscal Year 2007. SEC. 1042. USE OF THE ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.
`(ii) such violence results in a condition described in paragraph (2); or
`(B) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws. `(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 the authority.'.
Michel Chossudovsky is the author of the international best America’s "War on Terrorism" Second Edition, Global Research, 2005. He is Professor of Economics at the University of Ottawa and Director of the Center for Research on Globalization. |