Another Tenant of the Constitution Ends

Burried in the following Act:


H. R. 5122 One Hundred Ninth Congress of the United States of America AT T H E S E C O N D S E S S I O N Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and six An Act To authorize appropriations for fiscal year 2007 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.

You will find the follwing:


SEC. 1076. USE OF THE ARMED FORCES IN MAJOR PUBLIC EMER- GENCIES. (a) USE OF THE ARMED FORCES AUTHORIZED.-- (1) IN GENERAL.--Section 333 of title 10, United States Code, is amended to read as follows:`` 333. Major public emergencies; interference with State and Federal law ``(a) USE OF ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.--(1) The President may employ the armed forces, including theNational Guard in Federal service, to-- ``(A) restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that-- ``(i) domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; and ``(ii) such violence results in a condition described in paragraph (2); or ``(B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrec- tion, violation, combination, or conspiracy results in a condition described in paragraph (2). ``(2) A condition described in this paragraph is a conditionthat-- ``(A) so hinders the execution of the laws of a State or possession, as applicable, and of the United States within that State or possession, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State or possession are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or H. R. 5122--323 ``(B) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws. ``(3) In any situation covered by paragraph (1)(B), the Stateshall be considered to have denied the equal protection of thelaws secured by the Constitution. ``(b) NOTICE TO CONGRESS.--The President shall notify Congressof the determination to exercise the authority in subsection (a)(1)(A)as soon as practicable after the determination and every 14 daysthereafter during the duration of the exercise of that authority.''. (2) PROCLAMATION TO DISPERSE.--Section 334 of such title is amended by inserting ``or those obstructing the enforcement of the laws'' after ``insurgents''. (3) HEADING AMENDMENT.--The heading of chapter 15 of such title is amended to read as follows: ``CHAPTER 15--ENFORCEMENT OF THE LAWS TO RESTORE PUBLIC ORDER''. (4) CLERICAL AMENDMENTS.--(A) The tables of chapters at the beginning of subtitle A of title 10, United States Code, and at the beginning of part I of such subtitle, are each amended by striking the item relating to chapter 15 and inserting the following new item:``15 Enforcement of the Laws to Restore Public Order ....................................... 331''. (B) The table of sections at the beginning of chapter 15 of such title is amended by striking the item relating to sections 333 and inserting the following new item:``333. Major public emergencies; interference with State and Federal law.''. (b) PROVISION OF SUPPLIES, SERVICES, AND EQUIPMENT.-- (1) IN GENERAL.--Chapter 152 of such title is amended by adding at the end the following new section:`` 2567. Supplies, services, and equipment: provision in major public emergencies ``(a) PROVISION AUTHORIZED.--In any situation in which thePresident determines to exercise the authority in section333(a)(1)(A) of this title, the President may direct the Secretaryof Defense to provide supplies, services, and equipment to personsaffected by the situation. ``(b) COVERED SUPPLIES, SERVICES, AND EQUIPMENT.--The sup-plies, services, and equipment provided under this section mayinclude food, water, utilities, bedding, transportation, tentage,search and rescue, medical care, minor repairs, the removal ofdebris, and other assistance necessary for the immediate preserva-tion of life and property. ``(c) LIMITATIONS.--(1) Supplies, services, and equipment maybe provided under this section-- ``(A) only to the extent that the constituted authorities of the State or possession concerned are unable to provide such supplies, services, and equipment, as the case may be; and ``(B) only until such authorities, or other departments or agencies of the United States charged with the provision of such supplies, services, and equipment, are able to provide such supplies, services, and equipment. H. R. 5122--324 ``(2) The Secretary may provide supplies, services, and equip-ment under this section only to the extent that the Secretarydetermines that doing so will not interfere with military prepared-ness or ongoing military operations or functions. ``(d) INAPPLICABILITY OF CERTAIN AUTHORITIES.--The provisionof supplies, services, or equipment under this section shall notbe subject to the provisions of section 403(c) of the Robert T.Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.5170b(c)).''. (2) CLERICAL AMENDMENT.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:``2567. Supplies, services, and equipment: provision in major public emergencies''. (c) CONFORMING AMENDMENT.--Section 12304(c)(1) of such titleis amended by striking ``No unit'' and all that follows through``subsection (b),'' and inserting ``Except to perform any of the func-tions authorized by chapter 15 or section 12406 of this title orby subsection (b), no unit or member of a reserve component maybe ordered to active duty under this section''.

What To Do If The Democrats Win

There has been a lot of discussion about what the Democrats should do if they take control of the House and/or the Senate on November 7. Many people are calling for impeachment proceedings and others are arguing that criminal investigations should be created. While I can’t disagree with either of these I doubt impeachment proceedings will be forth coming and criminal investigations will take a lot of time and energy which I believe could be put to far better use.

The first thing Congress should do if it returns to Democratic control is to restore Habeas Corpus and end any loopholes in the laws that have been passed that allow torture. The next project may be even more important in the long run: mandate and fund paper trail voting machines. Make it the law of the land that all voting machines across the nation have a paper ballot back up that is kept and counted by hand if there is ever a dispute. Make it law that any candidate has a right to ask for and expect a recount and provide the money not only for the machines but for the people who will have to do these recounts.

Only then will we be able to ensure that those criminals who do get into office can be properly removed by the will of the people.

Tell Chris Wallace to Ask Rice About the U.S.S. Cole

Janet requests that we put a little pressure on the media. In this case Chris Wallace.

Go to Think Progress and make him sweat!

http://thinkprogress.org/ask-rice/

Marasmus Speaks pt. 2

Even as a Green Party Member I like this:

http://www.youtube.com/watch?v=ii6bpRK9KZM

Marasmus Speaks pt. 1

A new voice has made himself heard! Being articulate and pissed is a great combination. Check out this video:


http://www.youtube.com/watch?v=3qK5q4sTkMw

Living In A Post Habeas Corpus World

Within the next few days George W. Bush will put pen to paper and by simply signing his name he will change the world. It will not be for the better. Staying in character he will further plunge the world into darkness but this time in such a dramatic way that few Americans, apparently, will even notice.

When Bush signs the Military Commissions Act he will dissolve Habeas Corpus which is the foundation of all of our freedoms. A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody.

The Habeas Corpus Act of 1679 ensured that anyone who was arrested had a right to know the charges against him and the right to see and therefore defend himself against the evidence.

Defenders of this act claim it only pertains to “enemy combatants.” Who defines who an enemy combatant is? It’s not the Congress and it is not the courts. It is the President of the United States. In a crises such as 9/11 or perhaps mass protests against the President’s policies the President could decide that leaders of such a movement to be such a threat to the United States that they could be raised to the level of “enemy combatant.”

Once one is declared an enemy combatant one can be not only detained indefinitely without recourse to the courts but tortured “legally.”

We are going to be living in a Post Habeas Corpus World within the next eight days. We had better start preparing ourselves for what comes next. I don’t think I am important enough to be among the first to be detained, if that happens, but if it happens to anyone I know it can happen to me and I have been prepared for that since they detained the “dirty bomber.”

The only way to end the detentions, if they happen, is to fill the detention centers with our bodies. The more of us detained the weaker the arguments to detain us get. My friends and your friends will become radicalized to stand up as we did.

To prevent this scenario from happening we have to get the Republicans out of office and pressure the Congress to rescind this Act. If we don’t hold the new Congress’s feet to the fire they may sit on their hands and do nothing. We can not let that happen.

We can not let this Act stand.

To get an idea of what may await us check out this video on Nate's site:

http://getintheirface.blogspot.com/2006/03/fema-camp-footage-google-video.html

Kara writes about this in more detail on her blog:

http://www.always-a-musing.blogspot.com/

9/11 Theories

I should have done this long ago. If you want to say what you think happened on 9/11 please feel free to do so here.

Clarification

I would like to be very clear with every one about why I wrote about my experiences as a child and what transpired because of them. I wrote it to give one example of all the various possible ramifications of a selfish act. From my discussions with people over the years I am convinced sexual abuse and physical abuse is at a much higher level in our society and indeed all over the world than most of us seem to know or care to admit. I want people to truly understand how dangerous a man like Mark Foley really is.

I am not suffering any longer from what happened to me as a child although I think it is fair to say my life would have been very different without the bizarre events I spoke of earlier. I thank all of you for your concern and I also thank all of you for your compliments.

If not having had the experiences I have had would mean that I would be a different person I can honestly say that I would not trade a moment of my past for all the tea in China. I was very lucky. I ran into a lot of good and even some great people along the way. Others who have been abused are still suffering.

In 1979 I was among six people who lived in and ran a shelter for homeless women. Almost all of them were mentally ill and all had been abused as children or adults. A lot of men on the streets were abused as children too. There was a study done on serial killers that found that each one willing to partake in the study was abused horribly as a child and then at some point in their lives had had a serious head injury. Things happen for a reason. Violence and even terrorism does not spontaneously combust. It has roots.

IF

If you can keep your head when all about you
Are losing theirs and blaming it on you,
If you can trust yourself when all men doubt you
But make allowance for their doubting too,
If you can wait and not be tired by waiting,
Or being lied about, don't deal in lies,
Or being hated, don't give way to hating,
And yet don't look too good, nor talk too wise:

If you can dream--and not make dreams your master,
If you can think--and not make thoughts your aim;
If you can meet with Triumph and Disaster
And treat those two impostors just the same;
If you can bear to hear the truth you've spoken
Twisted by knaves to make a trap for fools,
Or watch the things you gave your life to, broken,
And stoop and build 'em up with worn-out tools:

If you can make one heap of all your winnings
And risk it all on one turn of pitch-and-toss,
And lose, and start again at your beginnings
And never breath a word about your loss;
If you can force your heart and nerve and sinew
To serve your turn long after they are gone,
And so hold on when there is nothing in you
Except the Will which says to them: "Hold on!"

If you can talk with crowds and keep your virtue,
Or walk with kings--nor lose the common touch,
If neither foes nor loving friends can hurt you;
If all men count with you, but none too much,
If you can fill the unforgiving minute
With sixty seconds' worth of distance run,
Yours is the Earth and everything that's in it,
And--which is more--you'll be a Man, my son!

--Rudyard Kipling

My Two Cents On Mark Foley

This is about as personal as it gets so please bear with me.

Before I was born my mother divorced my father because he was a gambler and an alcoholic. After he broke the piggy bank her father had given her she decided she could raise only one child.

My mother was a Roman Catholic and I was born in 1956. Single parenthood at that time was frowned upon. My mother told me as a child that my father died in “the war.” You do not need a calculator to figure out that it would have had to have been a secret war.

When I was still in diapers my mother fell in love with another man. I know this because he paid for my diaper service. I also know that he molested me when ever he came over to visit, which was often. We would play Lions and Tigers and wrestle around and it always ended up with his hands on my genitals.

The way he was able to keep doing this was to instill fear and guilt in me. This was actually worse than the fondling itself. He told me that if my mother found out she would be very mad at me so I should never tell her. He also told me that he had seen me touching myself so why not let him?

At the tender age of two I learned to be a liar. I learned guilt. Most importantly I became a victim. I had a hard time getting along with other children my age when I got older and this would get worse. When I was five my mother and I were watching a show on television that discussed child molestation and my mother turned to me and said, “If anyone ever does that to you I want you to tell me right away.” I do not recall the show but I remember my response, “Well, guess what?”

That was the beginning of the deterioration of my relationship between me and my mother. It was also the beginning of her slide into self destruction and loneliness. She broke off the relationship with this guy immediately. She decided that if she was going to raise me she was not going to risk another relationship while I was living in her house. This came at a high price for her and indirectly for me.

Because I had been trained to be a victim I was an easy target for bullies and sexual predators. Some of these predators were 10 and 12 and 14 years old. Sometimes I wonder what they had been through before I ran into them. The bullies were another problem. There was always one around and I spent much of my childhood being teased and humiliated and beaten up. I had a terrible temper and brought a lot of this on myself. Perhaps I was seeking punishment.

When I was eight the guy who had started all this called my mother on Mother’s Day and arranged to take me out to get me some flowers for her. Of course by now my mother had been alone for three years and was probably hoping things had changed. When we got in the car he asked me if I wanted to drive and being eight I sure did. So he told me I could steer. He pulled me over to him and let me steer and let go of the wheel and grabbed me. I was terrified. All the fear from the past came back but hit me much harder. I wanted to run the car into a parked car and run away but I was much too scared. All he kept saying was, “Be nice. Be nice.”

When we got home I went straight to my room and waited for a very long time for him to leave. Then I went down stairs and told my mother what happened. She called him and got me on the extension to repeat what I had told her. He said that if it were true I would have said it while he was there. I had to explain to my mother how afraid I was.

But he planted a seed of doubt in her mind. Over the following years it festered. Did I tell her this because I was jealous of this guy and did not want him in our life? Was I lying to her? I had lied to her many times before. This guy trained me how to lie when I was two so lying had become part of my makeup. I had all kinds of behavioral problems. I stole, I committed vandalism and I was constantly in fights and a social outcast.

My mother’s self destructive behavior increased in the form of drinking binges and she became so abusive toward me in my early teens I thought I would lose my mind.

To make a long story short I moved out of my mother’s house on my eighteenth birthday and did not see her for two years. I took control of my life in fits and starts, became a deep believer in non violence even as I still struggle with the violence within me. I stopped being a victim which is something everyone who goes through abuse must do if they are ever to get their lives back. This experience did give me empathy. I spent large chunks of twenty years (from the age of seventeen) working with homeless people in soup kitchens and later running shelters and getting arrested to force and or embarrass the Government of the District of Columbia to open shelters and then more shelters.

My mother and I reconciled. She came down from Baltimore to D.C. on her birthday to help prepare a meal for 600 homeless people while I went to the White House and was arrested for demonstrating against Ronald Reagan’s policies in El Salvador. She moved into my house in late 1993 to die, which she did on February 20, 1994. Those last few months were the best months of our lives.

Mark Foley is a sexual predator. There are many others out there. They seem to be oblivious of how their actions affect others. Maybe one of them will come across this and stop and think. I hope so.

Since Holoscan seems to be down on this site right now if you want to make a comment email me at xoites@gmail.com and indicate whether or not you want your comments posted later.

Thank you.