FROM “IN DEFENSE OF RURAL AMERICA”
by Ron Ewart, President, NARLO, ©2015
In many of our articles over the last 10 years, we have written about the growing power of the American government at all levels, but mostly at the federal level. No matter what anyone thinks, the evidence points directly at a trend towards absolute power. That is what governments do over time. But the only way to project absolute power is by force, and that force comes in the form of civilian or military power where that power can incarcerate you, or kill you …… for any reason!
The Founders went to great lengths to set up a government system that was based on the rule of law, not rule by force. Overtime, as laws proliferated into millions of laws piled on top of one another, enforcement of all those laws became problematic. As more people broke the laws, many without knowing it, government’s response was to increase enforcement.
In a previous article on laws we wrote: “Every Time A New Law Is Written“
“By just sheer numbers, the more laws that are written, the less likely the entire population will even know about the laws, or understand them, or know of their consequences or penalties for violation, much less be in compliance with them. The consequence of too many laws is that huge segments of the public are totally unaware of their existence. And yet, under the law, ignorance of the law is not a defense. Then, when the hapless individual comes face-to-face with the law, it results in anger and frustration for that individual and a spiraling degradation of freedom and liberty for all of us.”
“Many laws are written at the insistence of lobbying or special interest groups with very narrow and purposely hidden agendas. The public never has an opportunity for real input and society as a whole is not benefited. Partisan politics often compromises a new law into meaningless, often conflicting legislation, leaving loopholes over which lawyers can argue over for decades.”
“In the final analysis, extending legislating and law creation to its absurdity, one arrives at a point where there are so many laws that no one is in compliance and we end up losing our ability to enforce any of them. We become in fact, lawless by the very chaos that the policy makers have created.”
UNLESS THE CENTRAL GOVERNMENT
SENDS IN FEDERAL TROOPS!
What this all boils down to is that the more laws there are and the more people there are to be controlled by those laws, the greater the need of enforcement by guns. It is clear that government will never allow the people TO BECOME LAWLESS. After all, government’s role is to keep the peace and restore order no matter how many liberties the people have to give up.
As the federal government grew larger and more powerful, it became the logical repository for the military power needed to control all those millions of people to make sure they comply with all the millions of laws that the people know nothing about. They must keep order and control at all costs. But it must be remembered that local law enforcement is trained to use minimal force, where the U.S. Military is trained to use maximum, overwhelming force. That is the undeniable difference and a direct threat to individual liberty.
The Posse Comitatus Act of 1878 (Pub. L. 18 USC P 1385) was supposed to keep the U.S. Military from enforcing local and federal law or assisting local law enforcement in that duty. Well, before the Posse Comitatus Act was passed, Congress passed the Insurrection Act of 1807 (Pub. L. 10 USC 331 thru 335) which was a “set of laws that govern the ability of the President to deploy U.S. troops on American soil.” Such deployment could only come at the request of a governor of the state in which an event was taking place requiring a larger military force. This all changed after Hurricane Katrina where the Louisiana governor did not request federal troops to restore order. Congress went ahead and modified the Insurrection Act as follows:
“Section 1076 of the law changed Sec. 333 of the ‘Insurrection Act,’ and widened 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 law changed the name of the chapter from ‘Insurrection’ to ‘Enforcement of the Laws to Restore Public Order.'”
But, ladies and gentlemen, it gets far worse from there. The Department of Defense (DOD) has inserted itself into the use of U.S. Military force on American soil and enforcing local law and assisting local law enforcement. In our research we ran across a 2004 DOD document (republished in 2009) that spells out in detail that Posse Comitatus is dead and the Insurrection Act must be expanded. Here are excerpts from that document.
Legal Authority to Use Federal Troops to Enforce the Law
The Insurrection Act is the most important legal authority for the President to authorize the use of federal troops to enforce the law. The Insurrection Act (there is really no single ‘Insurrection Act’ per se but this name has been applied collectively to the four statutes noted below) consists of four statutes enacted at different times for different reasons that, when considered as a whole, provide the power that Presidents have used many times as the legal basis for using troops to enforce the law. The four sections of the act are as follows:
- Title 10, Section 331 was enacted in 1792 in response to challenges to the taxing power of the federal government. It allows the President, at the request of a governor or state legislature, to put down an insurrection by calling into federal service sufficient militia to “suppress the insurrection.”
- Title 10, Section 332 was enacted in 1861 at the outset of the Civil War. It allows the President to use the armed forces to enforce the laws or suppress a rebellion whenever, in his opinion, unlawful obstructions, combinations, or assemblages or rebellion against the authority of the United States make it impractical to enforce the laws using the course of judicial proceedings.
- Title 10, Section 333 was enacted in 1869 during the Reconstruction Era. It allows the President to use the armed forces or militia to respond to insurrection, domestic violence, unlawful combination, or conspiracies that prevent a state government from enforcing the laws.
- Title 10, Section 334 was enacted in 1861. It prescribes that the President shall issue a proclamation calling on insurgents to disperse before using the militia or armed forces to enforce the law.
The Insurrection Act is the most sweeping authority for the President to authorize and order the use of the federal troops for domestic operations. The President may not act on warning or even at the start of an incident, but must wait until the governor or a state legislature asks for federal assistance. This tends to discourage advance preparations and movements of troops, although Presidents have authorized such actions. This tiered approach in which the federal government acts only after local and state governments have failed was workable when the cost of delayed response was acceptable, but it is inappropriate for the current situation.
This should scare the pants off you! The older Insurrection Act and the revisions thereto have all but repealed Posse Comitatus. The President can do what he wishes, anytime he wants with federal troops. That is an awesome power.
We have placed links to the evolution of the “Insurrection Act” and the entire above DOD document on our website for your review at this link: http://www.narlo.org/militarization_of_america.html. You have to read the whole DOD document if you really want to understand what is going on.
Why do you suppose that the U.S. Military has been conducting massive training operations throughout the U.S. such as Operation Jade Helm 15 as depicted in the above image?
(Jade Helm 15 link: http://rt.com/usa/244969-texas-martial-law-army/)
It isn’t all training for warfare elsewhere on the planet. It is, in fact, training to put down insurrection by disgruntled Americans and to maintain civil order when local law enforcement can’t do the job, pursuant to the detailed outline in the above referenced DOD document.
It is no coincidence that the Department of Homeland Security (DHS) has put out lists of potential domestic terrorists that include Christian groups, militias, patriots and returning military vets. They know what is in your mind and what you may be planning and they are planning ahead for that eventuality. It is no accident that the U.S. Military is conducting huge, multi-state training operations or building FEMA camps for massive internment.
The Progressives have been in virtual control of America for over 100 years. They intend to remain in control, even if they can’t do it by votes. They have taken over the schools, academia, government institutions, the news media and they will maintain their control by force of arms if patriots (conservatives) even so much as hint at challenging their authority. It’s been coming for a long time. It is the final evolution of a liberal, socialist, ideologically-driven dictatorship.
For those in our reading audience who think that a group of armed militia can stand up against the full force and fury of the U.S. Military, they had better think again. If we are going to change the course that America is now on, it will have to be by peaceful means.
The only way insurrection or uprising by Americans can win against the U.S. Military is the organization of millions of armed citizens with seasoned leadership, command and control and extensive training, who will put everything on the line to challenge the final militarization of America by federal forces. And they had better hope that the federal troops don’t shoot to kill, because those federal forces are also made up of Americans. If civilian Americans are pitted against federal troop Americans in a shooting war, the U.S. Constitution will be annulled and martial law will be declared. We can almost guarantee that what comes out of that shooting war between Americans and Americans will not be a Constitutional Republic.
We are just as disturbed by Operation Jade Helm 15 as are many other Americans. Consequently, we have filed a formal FOIA request with the Department of Defense, asking some very specific questions about this operation and demanding specific documents. You will find a link to a PDF version of our FOIA request on our website at this link: http://www.narlo.org/militarization_of_america.html. We will publish responses to the FOIA request in later articles ….. if any.
Please understand that this FOIA request could put a target on our back and put us at considerable risk for having the audacity to challenge them personally. They are already monitoring us and have been for several years. We know just by observing the statistics on our website.
Why do we do this, ladies and gentlemen? Because we strongly believe in preserving, protecting and defending the Constitution of the United States and the individual liberty it secures. It could be considered treason that our president and all other public office holders and bureaucrats don’t do the same. It is a travesty that millions of Americans won’t join us, or others, in this effort. Their silence could be America’s undoing.
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NOTE: The foregoing article represents the opinion of the author and is not necessarily shared by the owners, employees, representatives, or agents of the publisher.
Ron Ewart, a nationally known author and speaker on freedom and property rights issues and author of this weekly column, “In Defense of Rural America,” is the president of the National Association of Rural Landowners (NARLO) (http://www.narlo.org/), a non-profit corporation headquartered in Washington State, an advocate and consultant for urban and rural landowners. He can be reached for comment at mailto:firstname.lastname@example.org.