Trials's won't stop, Scalia assualts ruling

President Bush said Thursday he would abide by the decision, but also said his administration was evaluating whether to respond to the court's ruling with new legislation.

I'd like to see this impotent criminal bastard try to pass any legislation.

Attorney General Michael Mukasey said Friday that the ruling "won't affect the military trials planned for some terrorism suspects"

We will see.

How did Scalia ever get passed Senate approval? He's the kinda clown that's still mad about all the ass kickin's he got in school because he was a little chunky punk.

So if the high court says this is unconstitutional then how on earth would new legislation be constitutional? The whole idea of the constitution is to create a framework for new legislation and the operating principles of the country.

Typical.

The yo-yo in chief thinks he can change the constitution. Like he would have any help with his agenda now?

the yo-yo HAS changed the constitution as you are quite aware mm. he has so abridged it that we as a people will be lucky if our children enjoy half of the rights and freedoms we did. but hell they wont miss what they never had right?

Never got a "B"? "Torture is not punishment"? This guy must have been awesome to hang out with in high school.

somefamilylove, We can fix it and make it so it can't be suspended again. Next on the right now agenda is the restoration of posse comitatus. That it to protect us from our military, or private military. It won't be easy someone opened the gates and the country filled up with idiots.

Legislation

The whole text of the relevant legislation is as follows:

Sec. 1385. - Use of Army and Air Force as posse comitatus

Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.

Also notable is the following provision within Title 10 of the United States Code (which concerns generally the organization and regulation of the armed forces and Department of Defense):

10 U.S.C. § 375. Restriction on direct participation by military personnel

The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.

[edit] Recent legislative events

Recent congressionally passed law, now repealed, may have explicitly given this authority to the President. HR5122 also known as the John Warner Defense Authorization Act was signed by the president on Oct 17, 2006 John Warner National Defense Authorization Act for Fiscal Year 2007. Section 1076 Text of Hr5122 is titled "Use of the Armed Forces in major public emergencies". Removing the legalese from the text, and combining multiple sentences, it provides that: The President may employ the armed forces to restore public order in any State of the United States the President determines hinders the execution of laws or deprives people of a right, privilege, immunity, or protection named in the Constitution and secured by law or opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws. The actual text is on page 322-323 of the legislation. As of 2008, these changes were repealed, changing the text of the law back to the original 1807 wording.

[edit] Exclusions and limitations

There are a number of situations in which the Act does not apply. These include:

* National Guard units while under the authority of the governor of a state;
* Troops used under the order of the President of the United States pursuant to the Insurrection Act, as was the case during the 1992 Los Angeles Riots.
* Under 18 U.S.C. § 831, the Attorney General may request that the Secretary of Defense provide emergency assistance if civilian law enforcement is inadequate to address certain types of threat involving the release of nuclear materials, such as potential use of a nuclear or radiological weapon. Such assistance may be by any personnel under the authority of the Department of Defense, provided such assistance does not adversely affect U.S. military preparedness.

[edit] Exclusion applicable to U.S. Coast Guard

See the Law Enforcement Detachments and Missions of the United States Coast Guard for more information on U.S. Coast Guard law enforcement activities

Although it is a military force, the United States Coast Guard, which operates under the Department of Homeland Security, is not covered by the Posse Comitatus Act. The Coast Guard enforces U.S. laws, even when operating as a service for the Navy.

* In December 1981 additional laws were enacted clarifying permissible military assistance to civilian law enforcement agencies and the Coast Guard especially in combating drug smuggling into the United States. Posse Comitatus clarifications emphasize supportive and technical assistance (e.g., use of facilities, vessels, aircraft, intelligence, tech aid, surveillance) while generally prohibiting direct participation of Department of Defense personnel in law enforcement (e.g., search, seizure, and arrests). For example, a US Navy vessel may be used to track, follow and stop a vessel suspected of drug smuggling, but a Coast Guard Law Enforcement Detachments (LEDETS) aboard the Navy vessel would perform the actual boarding and, if needed, arrest the crew.

[edit] Homeland security

In early 2006, the 109th Congress passed a bill containing controversial provisions that granted the President additional rights to use federal or state National Guard Troops and inside the United States in emergency situations. These changes were included in the John Warner Defense Appropriation Act for Fiscal Year 2007 (H.R. 5122.ENR).

These changes were repealed in their entirety in 2008.

[edit] Natural disasters

On September 26, 2006, President Bush urged Congress to consider revising federal laws so that the U.S. military could seize control immediately in the aftermath of a natural disaster, in the wake of Hurricane Katrina.

These changes were repealed in their entirety in 2008.