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Patriot Act FEMA and Code Red
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<blockquote data-quote="Judge Bean" data-source="post: 10088" data-attributes="member: 42"><p><strong>Patriot Act FEMA and Code Red</strong></p><p></p><p>Under the <em>Korematsu </em>case (addressing the Japanese-American Internment of 1942), which has never been overruled, and has in fact been cited repeatedly as valid, standing precedent for official racism, the President retains the power to appoint the military to effect a mass arrest and internment whenever the country is under threat of attack.</p><p></p><p>This includes <em>fear </em>of attack, as in 1942. The military determines which class of people, and how many, to arrest, and does so by means of Executive Order to use its discretion to designate particular "zones" to be cleared of suspected persons. The suspicion overrides any other concerns, such as citizenship or actual espionage or treason or disloyalty.</p><p></p><p>The Internment power is bolstered by the detailed logistics of other Executive Orders, such as REX-1984 and a number of Presidential Proclamations outlining procedures in the case of emergency. Usually the phrase "martial law" is avoided, for excellent political reasons, just like the feds will not ever come right out and say that they want to stifle the right under the Second Amendment to keep and bear arms.</p><p></p><p>The Internment power depends upon the disarmament of the citizenry, for obvious reasons. But the powerful gun lobby will not permit any of the three branches to declare the Second Amendment obsolete (as the majority of federal courts in the districts have already done). In fact, Ashcroft took the unusual action of declaring in a Justice Dept memo that the opinion in the single dissenting circuit in Texas (which found the right to keep and bear arms a fundamental individual right) was "the law of the land." The feds are walking a fine line, giving lip service to the Amendment and ostentatiously failing to promote the assault weapons ban, while at the same time fully aware that the state of the law, in the federal courts, gives them a complete blank check to confiscate personal firearms by simple presidential decree.</p><p></p><p>This is why I go on and on about these unavoidable facts: the current state of the law gives the president-- any president-- unrestrained power to arrest, detain, and disarm citizens; and there is no legal remedy of any consequence, and no requirement now that officers must provide an articulable basis for suspicion for arrest.</p><p></p><p>If a president feels that his power is leaving his hands, all that he needs is an emergency or threat to national security, as they call it. The attack doesn't need to be anything more than a threat.</p><p></p><p>To be quite frank, I expect that the day will come when a black-uniformed Homeland Security officer (I'm not exaggerating about the uniform: it is black) appears on my front porch and demands my hunting rifles. If I refuse, I will be arrested; if I agree, I will be arrested also, since that is what they actually came for.</p></blockquote><p></p>
[QUOTE="Judge Bean, post: 10088, member: 42"] [b]Patriot Act FEMA and Code Red[/b] Under the [i]Korematsu [/i]case (addressing the Japanese-American Internment of 1942), which has never been overruled, and has in fact been cited repeatedly as valid, standing precedent for official racism, the President retains the power to appoint the military to effect a mass arrest and internment whenever the country is under threat of attack. This includes [i]fear [/i]of attack, as in 1942. The military determines which class of people, and how many, to arrest, and does so by means of Executive Order to use its discretion to designate particular "zones" to be cleared of suspected persons. The suspicion overrides any other concerns, such as citizenship or actual espionage or treason or disloyalty. The Internment power is bolstered by the detailed logistics of other Executive Orders, such as REX-1984 and a number of Presidential Proclamations outlining procedures in the case of emergency. Usually the phrase "martial law" is avoided, for excellent political reasons, just like the feds will not ever come right out and say that they want to stifle the right under the Second Amendment to keep and bear arms. The Internment power depends upon the disarmament of the citizenry, for obvious reasons. But the powerful gun lobby will not permit any of the three branches to declare the Second Amendment obsolete (as the majority of federal courts in the districts have already done). In fact, Ashcroft took the unusual action of declaring in a Justice Dept memo that the opinion in the single dissenting circuit in Texas (which found the right to keep and bear arms a fundamental individual right) was "the law of the land." The feds are walking a fine line, giving lip service to the Amendment and ostentatiously failing to promote the assault weapons ban, while at the same time fully aware that the state of the law, in the federal courts, gives them a complete blank check to confiscate personal firearms by simple presidential decree. This is why I go on and on about these unavoidable facts: the current state of the law gives the president-- any president-- unrestrained power to arrest, detain, and disarm citizens; and there is no legal remedy of any consequence, and no requirement now that officers must provide an articulable basis for suspicion for arrest. If a president feels that his power is leaving his hands, all that he needs is an emergency or threat to national security, as they call it. The attack doesn't need to be anything more than a threat. To be quite frank, I expect that the day will come when a black-uniformed Homeland Security officer (I'm not exaggerating about the uniform: it is black) appears on my front porch and demands my hunting rifles. If I refuse, I will be arrested; if I agree, I will be arrested also, since that is what they actually came for. [/QUOTE]
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