Yes, we have terrorism by religious nuts today and, yes, we need extra vigilance to prevent innocent lives being lost. But these plenipotentiary powers in the wrong hands, utilized for the wrong reasons, and with the people's rightful powers trumped, are exactly why Habeas Corpus emerged in the first place.
"and if any person or persons shall be or stand committed or detained as aforesaid, for any crime, unless for felony or treason plainly expressed in the warrant of commitment..."
Alternatively, we must ask whether the people can use their own "rebellion" clause against our predatory ruling elites... for the subverting of the constitutional powers of the people?
Does the meaning of rebellion include the on-going conspiracy of the rich against the poor and middle class? The rebellion of Corporations against governments? Of appointed bodies against the people? Of the "Federal" Reserve against the Congress and its constitutional money powers? Of corporate media against the public interest? Of the American people against a North American Union?
Who decides what rebellion is? Is protest rebellion? Is protest-rebellion treason? Is oligarchy and "managed democracy" treason? Is fighting against oligarchy rebellion or treason? Will we arrest, imprison, and torture the people, or, our predatory ruling elites? Clearly, it depends upon who's doing the deciding... and we still have "the decider" in office. Worse, a decider might not even be known to the public, as in the case of a rogue intelligence agency figure dictating who gets disappeared. And who would he be working for?
Section 948a(7) of the new Military Commissions Act essentially defines "Unlawful Enemy Combatant" as anyone the president, Secretary of Defense, or lesser officials acting on their behalf "determines."
In short, they don't have to prove this to anyone. They simply determine it... all on their own. In effect, anyone, anywhere, and whether a citizen or not, can be determined straight into a secret jail, without anyone being able to challenge the determination, or given any right to go to a court to prove the allegation.
The other piece of fascist legislation is the John Warner Defense Authorization act of 2007 (H.R.5122) which effectively gives the powers to declare Martial Law to the Federal Government and President of the United States.
In effect, the Local State Governments will no longer have control of their own National Guard Troops. They can be now moved from one state to another without the consent of the States Governors. So if the President declares Martial Law he can send National Guard Troops from Michigan to squash what he deems a threat to civil order in Arizona, and regardless of the Governors objections to the order.
This makes any rebellion of the people against their own government exceedingly difficult, unless our troops and police have the courage to defy orders and join the people's rebellion against tyranny.
The above act, which Bush signed in a stealth maneuver, will actually encourage the President to declare martial law. It revises the Insurrection Act, laws that limit the President's ability to deploy troops in the United States. The Insurrection Act has, along with the Posse Comitatus Act, served to enforce prohibitions on any military involvement in domestic law enforcement.
Bush is seeking to undo those prohibitions with the "John Warner Defense Authorization Act of 2007." Signed by the president on October 17th, 2006, in a private Oval Office ceremony, it allows the President to declare a "public emergency" and station troops anywhere in America and take control of state-based National Guard units without the consent of the governor or local authorities, in order to "suppress public disorder."
President Bush thus seized unprecedented power on the very same day he signed the Military Commissions Act of 2006. One act allows for torture and detention abroad, while the other orders the military onto the streets of America for "major public emergencies,"
Here, the President determines that authorities of the State or possession are incapable of ("refuse" or "fail" in) maintaining public order, "in order to suppress, in any State, any insurrection, domestic violence, unlawful combination, or conspiracy." Or is it rebellion?
With the President alone acting to "restore public order" he can order guardsmen from any state, despite the objections of local governmental, military, or police entities; ship them to another state; conscript them, and then turn them loose against "disorderly" citizenry.
This law facilitates police round-ups and the detention of protesters, illegal aliens, "potential terrorists" and various "undesirables" for detention in facilities under construction by Halliburton. This law also provides for the newest in "crowd control" technology, and other weaponry designed to suppress dissent, from the Pentagon to local militarized police units.
Author, Exec. Dir. The Center For Balance. Websites: PanditPress.com, OligarchyUSA.com, PublicCentralBank.com, EditorFreedom.com,
FascismUSA.COM & more
