The following are excerpts from a World Net Daily article. The entire article can be viewed at http://www.worldnetdaily.com/bluesky_exnews/19990521_xex_clinton_and_.shtml>Clinton's Ability to Confiscate Guns or Declare Martial Law.
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Olson and Woll discovered that the U.S. Supreme
Court ruled in 1863 that the president can unilaterally
decide whether an insurrection is in effect and determine
how much force is necessary to suppress it. He can
"brand as belligerents the inhabitants of any area in
general insurrection."
Equally shocking, in Olson's view, as the fact that the
president can use the military against civilians, is the fact
that former presidents have done so on "many
occasions" -- none of them declaring martial law.
For example, in 1914 President Woodrow Wilson
deployed federal troops in Colorado to suppress a
labor dispute. Olson-Wolls point out that Wilson
ordered the U.S. Army to disarm American citizens --
including state and local officials, sheriffs, the police and
the National Guard; to arrest American citizens; to
monitor the state judicial process and re-arrest (and
hold in military custody) persons released by the state
courts; and to deny writs of habeas corpus issued by
state courts.
Earlier, in South Carolina in 1871, without declaring
martial law, President Grant sent troops into nine
counties of South Carolina to enforce a proclamation
commanding the residents to give up their arms and
ammunition. Grant suspended the writ of habeas corpus.
More than 600 arrests had been made by the end of
1871.
Between 1807 and 1925, federal troops were used
more than 100 times to quell domestic disturbances --
sometimes the presence of the troops alone was enough
to discourage the participants.
"Look at the history," Olson exclaimed. "None of what's
happening is new. Could you ever imagine that the
President of the United States could order the Army to
disarm sheriffs, disarm police, and disarm the National
Guard? Isn't that beyond what you'd ever dream?
"But it has happened. It's the fact that this has happened
that should cause people to take this issue seriously."
But doesn't the Posse Comitatus Act provide
restrictions against the use of the military? This is the act
that prohibits the Army or Air force from acting as a
posse comitatus -- "the population of a county the
sheriff may summon to assist him in certain cases."
"No one should ever think the Posse Comitatus Act is
any check whatsoever on the ability of the federal
government to employ military might against civilians,"
said Olson.
"We were surprised at how weak the Posse Comitatus
Act is," he continued. "There have been no prosecutions
ever, and it doesn't apply to any branch of the armed
forces except the Army and the Air Force. It has a huge
exception -- that deployment of the Army or Air Force
as a posse comitatus is a crime, 'except in cases and
under circumstances expressly authorized by the
Constitution or Act of Congress.'
"That 'Constitution or Act of Congress' exception is so
broad you can drive a truck through," Olson remarked.
"The final thing that surprised us was that that the
military doesn't need an order from the president to
have control over civilians," Olson said. "I had always
thought only the president could declare martial law, but
apparently not. Apparently any commander can do it,
can suspend all civil rights."
Larry Pratt considers this last the most egregious of all
the Olson-Woll findings.
"Military commanders can act on the basis that there is
an emergency," said Pratt. "They don't have to wait until
martial law is declared. The powers that they have in
their hands are tremendous.
"People can't expect President Clinton to sit there in
front of a camera and say, 'Tonight I have declared
martial law,'" Pratt said. "You'll just find out about it
when you try and get on the main highway and there's a
humvee with a soldier who says, 'Turn back.' And when
you ask why, he puts his gun into ready position and
says, 'I'm only following orders. Please turn back.'
"You can challenge that. You can say they -- the
commander or the soldier -- have no constitutional
authority for this, and you may be correct. But you will
be arguing on the wrong side of a barbed wire fence.
They can simply do it. It will not be debated.