Constitution


	Constitution of the United States of America Sec.VIII - “Powers of Congress" * * * * * To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

Insurrection Act

U.S. Code Title 10, Subtitle A, Part I, Chapter 15, § 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—

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
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.

On June 22, 2006, the Congress modified the Insurrection Act as part of the 2007 Defense Appropriations Bill. Section 1076 of the new law changes Sec. 333 of the "Insurrection Act," and widens the President's ability to deploy troops within the United States to enforce the laws. Under this act, the President may also deploy troops as a police force during a natural disaster, epidemic, serious public health emergency, terrorist attack, or other condition, when the President determines that the authorities of the state are incapable of maintaining public order.

The bill also modified Sec. 334 of the Insurrection Act, giving the President authority to order the dispersal of either insurgents or "those obstructing the enforcement of the laws."

The new law changed the name of the chapter from "Insurrection" to "Enforcement of the Laws to Restore Public Order.

Habeas Corpus n. Law A writ issued to bring a party before a court to prevent unlawful restraint. [Med. Lat., you should have the body]

The basic premise behind habeas corpus is that you cannot be held against your will without just cause. To put it another way, you cannot be jailed if there are no charges against you. If you are being held, and you demand it, the courts must issue a writ or habeas corpus, which forces those holding you to answer as to why. If there is no good or compelling reason, the court must set you free. It is important to note that of all the civil liberties we take for granted today as a part of the Bill of Rights, the importance of habeas corpus is illustrated by the fact that it was the sole liberty thought important enough to be included in the original text of the Constitution.


	Constitution of the United States of America Amendment VI * * * * * In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Comment:

On Oct. 16^th 2006 George Bush signed into law the “Military Commission Act of 2006” (MCA 2006) which:

Grants unchecked authority to the Executive Branch to label as "unlawful enemy combatants" and detain a broad range of people, including U.S. citizens and legal permanent residents inside the United States stating: “Any person is punishable as a principal under this chapter who commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission,” and “any person subject to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States ... shall be punished as a military commission … may direct.”
Denies any right to independent judicial review of these detentions (loss of ‘Habeas Corpus‘).
Eliminates accountability for past violations of the law & Geneva Conventions.
Authorizes the President, without accountability, to re-define the protections of the Geneva Conventions and to define what does, and does not, constitute torture.
Permits evidence obtained through coercion & torture and prevents the accused from knowing that evidence and challenging it…even in death penalty trials.
Gives the Secretary of Defense authority to deviate from time-tested military justice standards for fair trials…at his whim, and without accountability.
Creates crimes of “conspiracy” and “providing material support for terrorism”, the definitions of which are deliberately vague and may even include giving or reading this handout!

The net effect of these changes in constitutional law are that it is now possible for the President to use American troops (the National Guard), regardless of the wishes of their state’s Governor, to arrest and detain American citizens exercising their First Amendment rights (by declaring them to be “obstructing enforcement of the laws”, that the state’s authorities are “incapable of maintaining public order”, or that they are “providing material support for terrorism”) without trial or the right to challenge the lawfulness of their detention.

No American president in history (even in time of war) has ever exercised, or even requested, those powers before.

These changes constitute a fundamental degradation of the rights guaranteed by the U.S. Constitution.

For more regarding violations of the U.S. Constitution and International Treaties (from Veterans for Peace): Click Here.


	Constitution of the United States of America Sec. 9 - “Limits on Congress”: * * * * * The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.;