more on David: [Please take a second loom at 'Bush Moves Towards Martial Law'

[David Farber <dave () farber net>]

Begin forwarded message:

From: Armando Stettner <aps () ieee org>
Date: October 31, 2006 2:28:33 PM EST
To: dave () farber net
Cc: ip () v2 listbox com
Subject: Re: [IP] David: [Please take a second loom at 'Bush Moves  
Towards Martial Law'

David,

For IP'ers, if you wish.

I have been looking at this for a while - I'm still trying to really  
understand the changes.  Without interpretation/comment, I'm  
including the pertinent parts (10 USC 333 and 334) of the laws  
addressing the main subject.  I include the old/current version and  
then 'Bush-owned Congress' versions.

As an FYI, I believe that 333 and 334 were last changed around Aug.  
10, 1956.  Furthermore, these were the laws under which Presidents  
Eisenhower, Kennedy, and Johnson intervened with 'federal' troops in  
Arkansas, Mississippi, and Alabama for the various civil rights  
events (barring black students from school, the march from Selma to  
Montgomery, Alabama, etc.).

  armando


*********************************************
Here's the 'CURRENT' version of 10 USC 333:
Sec. 333. Interference with State and Federal law

    The President, by using the militia or the armed forces, or  
both, or
by any other means, shall take such measures as he considers necessary
to suppress, in a State, any insurrection, domestic violence, unlawful
combination, or conspiracy, if it--
        (1) so hinders the execution of the laws of that State, and of
    the United States within the State, 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 are unable, fail, or refuse to protect
    that right, privilege, or immunity, or to give that protection; or
        (2) opposes or obstructs the execution of the laws of the  
United
    States or impedes the course of justice under those laws.

In any situation covered by clause (1), the State shall be considered to
have denied the equal protection of the laws secured by the
Constitution.


*********************************************
'Bush-owned Congress' NEW version 10 USC 333:

§ 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.




*********************************************
Here's the 'CURRENT' version of 10 USC 334:

Sec. 334. Proclamation to disperse

    Whenever the President considers it necessary to use the militia or
the armed forces under this chapter, he shall, by proclamation,
immediately order the insurgents to disperse and retire peaceably to
their abodes within a limited time.


*********************************************
'Bush-owned Congress' version of 10 USC 334:

Sec. 334. Proclamation to disperse

    Whenever the President considers it necessary to use the militia or
the armed forces under this chapter, he shall, by proclamation,
immediately order the insurgents or those obstructing the enforcement
of the laws to disperse and retire peaceably to
their abodes within a limited time.

END
*********************************************





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