2006/10/28

Bush Signs Enablement of Martial Law

The /. article "Bush Signs Bill Enabling Martial Law" has geeks and nerds discussing new law Bush put in place, as detailed in this link (you can read the whole thing here H.R.5122, John Warner National Defense Authorization Act for Fiscal Year 2007) and put side by side with 3rd Reich's Enabling Act:






SEC. 1076. USE OF THE ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.
(a) USE OF THE ARMED FORCES AUTHORIZED.--
(1) IN GENERAL.--Section 333 of title 10, United States Code, is amended to read as follows:

" 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:

"15 Enforcement of the Laws to Restore Public Order ... 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:

" 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".

Law to Remedy the Distress of the People and the Reich


The Reichstag has enacted the following law, which is hereby proclaimed with the assent of the Reichsrat, it having been established that the requirements for a constitutional amendment have been fulfilled:

Article 1

In addition to the procedure prescribed by the constitution, laws of the Reich may also be enacted by the government of the Reich. This includes the laws referred to by Articles 85 Paragraph 2 and Article 87 of the constitution.

Article 2

Laws enacted by the government of the Reich may deviate from the constitution as long as they do not affect the institutions of the Reichstag and the Reichsrat. The rights of the President remain undisturbed.

Article 3

Laws enacted by the Reich government shall be issued by the Chancellor and announced in the Reich Gazette. They shall take effect on the day following the announcement, unless they prescribe a different date. Articles 68 to 77 of the Constitution do not apply to laws enacted by the Reich government.

Article 4

Treaties of the Reich with foreign states which affect matters of Reich legislation shall not require the approval of the bodies of the legislature. The government of the Reich shall issue the regulations required for the execution of such treaties.

Article 5

This law takes effect with the day of its proclamation. It loses force on 1 April 1937 or if the present Reich government is replaced by another.

Kind of interesting to see how the more liberal-leaning geeks are grokking the need of the 2nd amendment to protect people from the state (both local and Federal Government).

Copyright 2006, DannyHSDad, All Rights Reserved.