H.R. 5122 - John Warner National Defense Authorization Act

H.R. 5122: John Warner National Defense Authorization Act. Basically, this bill was an authorization to expand the powers of the president (the current one I will call the Communist in Chief) to unilaterally declare martial law. It states in Sec. 333 “

(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)”

This bill essentially destroyed the Posse Comitatus Act of 1878 which kept the standing military from policing U.S. Citizens. Do you realize according to this wording, if another Katrina happened on Obama's watch and this law were in effect, he could just declare martial law and take over over the objection of even the local authorities or governors? There is a word for this – dictatorship.

Senator Leahy put it best when he stated, “we certainly do not need to make it easier for Presidents to declare martial law. Invoking the Insurrection Act and using the military for law enforcement activities goes against some of the central tenets of our democracy. One can easily envision governors and mayors in charge of an emergency having to constantly look over their shoulders while someone who has never visited their communities gives the orders.” Luckily Congress later repealed these provisions. However, the fact that Cathy ever voted for them in the first place is quite disturbing.