Some of the least-noticed and least-discussed changes in the law were the changes made to the Insurrection Act of 1807 and to posse comitatus by the Defense Authorization Act of 2007. These changes pose a threat to the survival of our Republic by giving the President the power to declare martial law for as little reason as to restore public order. The 1807 act severely restricted the President in his use of the military within the United States borders, and the Posse Comitatus Act of 1878 strengthened these restrictions with strict oversight by Congress. The new law allows the President to circumvent the restrictions of both laws. The Insurrection Act has now become the “Enforcement of the Laws to Restore Public Order Act.” This is hardly a title that suggests that the authors cared about or understood the nature of a constitutional Republic.
Now, martial law can be declared not just for insurrection, but also for natural disasters, public health reasons, terrorist attacks or incidents, or for the vague reason called “other conditions.” The President can call up the National Guard without congressional approval or the Governors’ approval, and even send these State Guard troops into other States.
The American Republic is in remnant status. The stage is set for our country eventually devolving into a military dictatorship, and few seem to care. These precedent-setting changes in the law are extremely dangerous and will change American jurisprudence forever if not revised. The beneficial results of our revolt against the King’s abuses are about to be eliminated, and few Members of Congress and few Americans are aware of the seriousness of the situation. Complacency and fear drive our legislation without any serious objection by our elected leaders. Sadly, though, those few who do object to this self-evident trend away from personal liberty and empire-building overseas are portrayed as unpatriotic and uncaring.
Though welfare and socialism always fails, opponents of them are said to lack compassion. Though opposition to totally unnecessary war should be the only moral position, the rhetoric is twisted to claim that patriots who oppose the war are not supporting the troops. The cliché “Support the Troops” is incessantly used as a substitute for the unacceptable notion of supporting the policy, no matter how flawed it may be.