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A U.S. Enabling Act The new law vastly increases the danger from the actions of government provocateurs. If there is an incident now like the first bombing of the World Trade Center in February 1993, it would be far easier for the president to declare martial law — even if, as then, it was an FBI informant who taught the culprits how to make the bomb. Even if the FBI masterminds a protest that turns violent, the president could invoke the “incident” to suspend the Constitution. “Martial law” is a euphemism for military dictatorship. When foreign democracies are overthrown and a junta establishes martial law, Americans usually recognize that a fundamental change has occurred. Perhaps some conservatives believe that the only change when martial law is declared is that people are no longer read their Miranda rights before they are locked away. “Martial law” means: Obey soldiers’ commands or be shot. The abuses of military rule in Southern states during Reconstruction were legendary, but they have been swept under the historical rug. Section 1076 is an Enabling Act-type legislation — something which purports to preserve law and order while formally empowering the president to rule by decree. Bush can commandeer a state’s National Guard any time he declares a “state has refused to enforce applicable laws.” Does this refer to the laws as they are commonly understood — or to the “laws” after Bush “fixes” them with a signing statement? Unfortunately, it is not possible for Americans to commandeer the federal government even when Bush admits that he is breaking a law (such as the Anti-Torture Act). Section 1076 is the type of “law” that would probably be denounced by the U.S. State Department’s Annual Report on Human Rights if enacted by a foreign government. But when the U.S. government does the same thing, it is merely another proof of benevolent foresight. The “comfort blanket” on Section 1076 is that the powers will not be abused because the president will show more concern with the Bill of Rights than Congress did when it rubberstamped this provision. This is the same “pass the buck on the Constitution” that worked so well with the PATRIOT Act, the McCain Feingold Campaign Reform Act, and the Military Commissions Act. As long as there is hypothetically some branch of the government that will object to oppression, no one has the right to fear losing his liberties. The military on the home front Section 1076 is more ominous in light of the Bush administration’s long record of Posse Comitatus violations. Since 2001, the Bush administration has accelerated a trend of using the military as a tool in the nation’s domestic affairs. From its support of the Total Information Awareness surveillance vacuum cleaner, to its use of Pentagon spy planes during the Washington-area sniper shootings in 2002, to the Pentagon’s seizures of Americans’ financial and other private information without a warrant, the Bush administration has not hesitated to use military force and intimidation at home whenever convenient. And Americans may have little or no idea of how far the military has actually gone on the home front, given the Bush team’s obsessive secrecy. The Pentagon has sent U.S. military intelligence agents on domestic fishing expeditions. In 2004, two U.S. Army intelligence agents descended on the University of Texas’s law school in Austin. They entered the office of the Journal of Women and the Law and demanded that the editors turn over a roster of the people who attended a recent conference on Islam and women. The editors denied having a list; the behavior of one agent was described as intimidating. The agents then demanded contact information for the student who organized the conference, Sahar Aziz. University of Texas law professor Douglas Laycock commented, We certainly hope that the Army doesn’t believe that attending a conference on Islamic law or Islam and women is itself ground for investigation. Military officials later declared that U.S. Army intelligence agents had overstepped their bounds. But this did not stop the Bush administration from having a provision inserted in a bill passed in secret session by the Senate Intelligence Committee that would allow military intelligence agents to conduct surveillance and recruit informants in the United States. Wired.com reported, Pentagon officials say the exemption would not affect civil liberties and is needed so that its agents can obtain information from sources who may be afraid of government agents. This ... is giving them the authority to spy on Americans. And it’s all been done with no public discussion, in the dark of night. There is no Honesty-in-Absolute-Power mandate in the federal statute books. The more power government seizes, the more easily it can suppress the truth. There is nothing to prevent a president from declaring martial law on false pretexts — any more than there is to prevent him from launching a foreign war on false pretenses. And when the lies become exposed years later, it could be far too late to resurrect lost liberties.
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