Make Congress Repeal Martial Law

[kpete]

Martial law, Section 1076, and FINGER: v1029.1
by Major Danby
Sun Oct 29, 2006

What is FINGER?

FINGER stands for - sorry about this - "Federalists for Independence in National Guard Emergency Response." The good part about that unwieldy name is that once you finish explaining it to people, they will get the issue.

As described on our web page - which has been provided by a wonderful volunteer and is still under construction:
http://finger2006.com/

Federalist

Federalist means one who favors "federalism": the principle that some government activities belong to the federal government, while others belong to the states. The classic example of an activity assigned to the states is "policing." We as a nation have always wanted our policing to be done at the state and local level. We have not wanted a national police force that ultimately was under the control of a single person. A national police force opens the door to tyranny.

Independence

Independence means that a state Governor, not the President, should have the final say in how and when to deploy a state's National Guard troops. This principle was already watered down in Perpich v. Department of Defense, a unanimous 1990 Supreme Court decision that said that a Governor cannot veto use of National Guard troops in an overseas commitment. Whatever you think about that, it's very different from the Governor not having the final say about the domestic deployment of troops for the purpose of law enforcement.

National Guard

The National Guard is the military force of each state and territory -the "Governor's muscle." The Governor can call up the National Guard for purposes such as disaster relief or emergency law enforcement. The President can call up a state National Guard to supplement regular troops in a foreign war. The President's power to call up the National Guard for domestic use - to enforce federal law through what is called "martial law" - is restricted by the Posse Comitatus Act (18 U.S.C. § 1385). The exceptions to this law -when the President can call up National Guard troops for domestic use, are found in the Insurrection Act (10 U.S.C. §§ 331 -335).

Emergency Response

Emergency Response refers to the conditions under which the National Guard can be deployed. Congress has expanded the exceptions to the Posse Comitatus Act to where the President can deploy National Guard troops domestically, for federal law enforcement, for pretty much any emergency he thinks is appropriate. Now, because Congress passed Section 1076, "The President may employ the armed forces, including the National Guard in Federal service, to ... (B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition ... (2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws." You could drive a tank through this new exception to the Posse Comitatus Act!

Put them together, and FINGER says to the President:

Keep your fingers off the Governor's control over the National Guard and restore the Posse Comitatus Act to its former state! Repeal Section 1076!

Our goals

Our first goal is to get the President to renounce this authority.

.....................

We want every incumbent Governor and Member of Congress - and every candidate for Governor and Member of Congress - to take a public stance on the repeal of Section 1076. We will make that information available as it comes in.


much more at:
http://www.dailykos.com/storyonly/2006/10/29/162837/62