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Old 07-07-2009, 03:46 AM
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Default Was I sleeping? Posse Comitatus Act Repealed?



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Can this be true? Where the hell was I?

http://alaskafreepress.com/news/557

http://en.wikipedia.org/wiki/Posse_Comitatus_Act

On September 26, 2006, President Bush urged Congress to consider revising federal laws so that U.S. armed forces could restore public order and enforce laws in the aftermath of a natural disaster, in the wake of Hurricane Katrina.

These changes were included in the John Warner National Defense Authorization Act for Fiscal Year 2007 (H.R. 5122), which was signed into law on Oct 17, 2006, subsequently repealed in their entirety.[2]

Section 1076 is titled "Use of the Armed Forces in major public emergencies". It provided that:

The President may employ the armed forces... 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... the President determines that... domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order... or [to] suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such... a condition... so hinders the execution of the laws... 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... or opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.[3]



The actual text is on pages 322323 of the legislation.

As of 2008, these changes have been repealed in their entirety, reverting to the previous wording of the Insurrection Act.[4]




So color me stupid. Was the Posse Comitatus Act Repealed or was the repeal repealed? My brain is too small to figure this one out. Some of you smarties, help out.
Old 07-07-2009, 05:37 AM
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Hopefully our National Guard troops will start coming back in earnest with the drawdown in Iraq. Recall that they were sent over there as part of the so-called "back door draft". Katrina-style regional disasters are where the Guard really shine but they were greatly reduce when Katrina hit.

Keeping the Guard strong will hold off the kind of mass mobilizations that the Posse Comitatus act addressed.
Old 07-07-2009, 12:22 PM
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Yeah, there are tons of things that bush did that we will regret.But as far as posse commitatus they simply ignored it during both katrina and the la riots. They have also claimed that it did not apply to the marines since they were not specifically named in the law.Also the national guard is just as federal as the regular army.
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Old 07-07-2009, 12:31 PM
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If I read what was on those links right, they didn't ignore it, they repealed it.
Old 07-07-2009, 12:32 PM
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Quote:
Originally Posted by crazy View Post
Can this be true? Where the hell was I?

http://alaskafreepress.com/news/557

http://en.wikipedia.org/wiki/Posse_Comitatus_Act

On September 26, 2006, President Bush urged Congress to consider revising federal laws so that U.S. armed forces could restore public order and enforce laws in the aftermath of a natural disaster, in the wake of Hurricane Katrina.

These changes were included in the John Warner National Defense Authorization Act for Fiscal Year 2007 (H.R. 5122), which was signed into law on Oct 17, 2006, subsequently repealed in their entirety.[2]

Section 1076 is titled "Use of the Armed Forces in major public emergencies". It provided that:

The President may employ the armed forces... 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... the President determines that... domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order... or [to] suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such... a condition... so hinders the execution of the laws... 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... or opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.[3]



The actual text is on pages 322323 of the legislation.

As of 2008, these changes have been repealed in their entirety, reverting to the previous wording of the Insurrection Act.[4]




So color me stupid. Was the Posse Comitatus Act Repealed or was the repeal repealed? My brain is too small to figure this one out. Some of you smarties, help out.
welcome to hell or the hitler youth thats what will come at some time and some how.
Old 07-07-2009, 12:35 PM
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That was one of the many reasons so many people got so disgusted with the republican party.

It'll be 'interesting' to see if the backlash from Bush and his policies (the new administration) is even worse.
Old 07-07-2009, 12:37 PM
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Posse Comitatus is still in effect. The repeal was repealed the following year. No worries.
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Old 07-07-2009, 12:42 PM
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Old 07-07-2009, 12:59 PM
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Quote:
Originally Posted by crazy View Post
If I read what was on those links right, they didn't ignore it, they repealed it.
they were both before the repeal.
I was not aware that it had been reinstated.Do you have a bill number and wording to which it reverted?
thanks in advance. It is good news,but again they just ignore it anyway.

Last edited by jfirebalrog; 07-07-2009 at 01:05 PM.. Reason: additional
Old 07-07-2009, 01:43 PM
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"It was hidden in Sections 1076 and 333 of the John Warner Defense Authorization Act for Fiscal Year 2007."

"Public Law 109-364, or the "John Warner Defense Authorization Act of 2007" (H.R.5122) (2), which was signed by the commander in chief on October 17th, 2006, in a private Oval Office ceremony, allows the President to declare a "public emergency" and station troops anywhere in America and take control of state-based National Guard units, which have always been under the purview of the state governors, without the consent of the governor or local authorities, in order to "suppress public disorder.""

I guess this was the repeal of the repeal.

"The changes described above were repealed in their entirety by HR 4986: National Defense Authorization Act for Fiscal Year 2008"

Stuff in quotes was cutnpaste.
Old 07-07-2009, 02:19 PM
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Quote:
Originally Posted by crazy View Post
I guess this was the repeal of the repeal.
Maybe they will repeal the repeal of the repeal.
Old 07-07-2009, 02:39 PM
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It was done kind of secretly so the masses were not upset.

Funny thing is, I have disscused this with "sheep," and they often don't even know what Posse Comitatus is! When it's explained, they don't see any harm in repealing it. Afterall why would our government send our own troops against us? They'll come in to help. End of that conversation right there, you can't teach stupid.
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