THE IMPERIAL PRESIDENCY

THIS IS LAWFUL IN THE UNITED STATES OF AMERICA:
 
 
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:
`Sec. 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 authoritiesof the State or possession are incapable of maintaining public order; and

     

    `(ii) such violence results in a condition described in paragraph (2); or
  •  
      `(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–

       

      `(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).
      `(A) so hinders the execution of the laws of a State or possession, as applicable,of the United States within that State or possession, that any part or class
      `(B) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
  • `(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, andof 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 authoritiesof 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.

Let’s take a look at how this may be employed by the Imperial President:

The President may employ the armed forces, including the National Guard in Federal service to suppress, in a State, any conspiracy if such conspiracy results in a hinderance of the execution of the laws of a State so that any part of its people is deprived of a right or privilege or protection named in the Constitution.

Note that the Imperial President may assume command of the State’s National Guard and implement the provisions of this Law, based on his determination alone. There is no provision for judicial review. Once the Imperial President implements this Law, there is no Constitutional Government.

Now, to put this into context. Below is a story about how law enforcement is arresting journalists and others in the Twin Cities who are planning on protesting the RNC convention. It is not too much of a stretch to say they are conspiring, and the effect of their conspiracy will be to hinder the freedom of assembly of the RNC convention, and will involve many minor infractions of the law – disturbing the peace, obstructing traffic, that sort of thing.

Under the provisions of Law, the Imperial President may send in the armed forces to arrest and hold all such “conspirators” indefinitely. Indeed, once the provisions of this law have been implemented, each detainee may be considered an “unlawful enemy combatant.” If they fail to provide proof of citizenship, they could be held as an “unlawful alien enemy combatant” and be subjected to the provisions of the Military Commissions Act.

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8 thoughts on “THE IMPERIAL PRESIDENCY

  1. Great post, Iolair.

    I believe that the greatest danger to The People is that laws like this leave the final determination to use the military this way completely in the hands of the president, and no one else (unless the president is allowed to choose someone else who may also issue such orders, such as the Attorney General.) There doesn’t have to be any local government requesting help, nor any state agency of any kind asking for help. The president, and the president alone, can “determine” when military forces will be used.

    And it’s not reviewable by anyone else. It’s not as though the governor of the state where he’s sending troops has to approve, or any of the local municipalities where soldiers will be roaming around carrying guns have to give their okay, or even a judge at any level granting permission. It’s the president, and the president alone, who decides when to invoke this law.

    Think about that. The president, and the president alone, makes the determination to invoke martial law, and no one can stop him from doing so, and he does not have to prove that conditions exist which warrant such action. When they write into the law, “If the president determines…”, they are assuming that the president will be making an honest, truthful, fact-based decision on whether or not such powers are needed. Because no one can stop him once he does it.

    So, if the citizens want to leave the determination of when this law needs to be invoked solely in the hands of the president, then they need to know that the president is a good, decent person who would never abuse such awesome power. (Figured out where I’m going with this yet?)

    George W. Bush is not a man of honesty and integrity, and I challenge anyone on the planet to prove to me otherwise. He has demonstrated that he is the kind of person who would lie in order to have his way. If all he has to do in order to invoke these powers is “make a determination” that a condition exists, then he would issue a statement saying that condition exists, even if it doesn’t. And no one will be able to go into court and say, “The conditions required for the president to invoke those powers did not exist.” Why not? Because the court’s answer will be, “That’s not for you to determine. That’s for the president to determine.”

    As long as laws such as this are on the books, we are not a free nation.

  2. Awesome Post Iolair. After what happened in St. Paul Saturday and today more people are being arrested it proves no one is safe.

    Even though I was very little, I remember Kent State University. At the time, I didn’t understand the significance of the event. But after seeing and hearing what happened yeaterday. Hopefully, that tradegy won’t be repeated again.

  3. If he tries to do that, I think I might tell them at work, “I have to go help in NOLA” and then try to challenge his authority to enact that law by going down there and defying orders. (It would be the only way to have legal standing to challenge the law; I’d have to be affected by it and have my rights taken away. Otherwise, I can’t claim they’re taking away my rights if they don’t actually do it.)

  4. WAS,
    BushCo was very effective in staving off the aid of about 27 countries, the US Navy (They even cited heroic Navy helicopter pilots who particated in rescue efforts with a blot on their records.), emergency response teams from 16 states, a couple dozen corporate responders and countless charitable organizations. They even sent ice to Nebraska to assist in the effort. You’ll have a tenuous bureaucracy to overwhelm.

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