Article 1 Section 9 of the U.S. Constitution states: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." ( Habeas Corpus, Latin meaning "to hold the body") Habeas Corpus is a writ by which a person can seek relief from unlawful detention. A martial law declaration suspends the constitutionally guaranteed right of habeas corpus.
The Posse Comitatus Act, passed on June 16, 1878 prohibits most members of the U.S. armed forces from performing state law enforcement functions. Exclusions include the National Guard, which is under state control and the Coast Guard.
Backing up a bit, there is also the Insurrection Act of 1807 which governs the Presidents ability to deploy troops within the United States to suppress lawlessness and rebellion. This act was modified by the 2007 Defense Authorization Bill, but the changes were repealed in the 2008 Defense Authorization Bill.
Martial law has been declared in the U.S. during the War of 1812, The Civil War and WWII. Martial law was not declared during Hurricane Katrina, rather, it was called a State of Emergency which was essentially the same thing. Guns were confiscated in New Orleans and citizens were left defenseless for a time.
On February 19, 1942 President Franklin Roosevelt authorized the forcible internment of about 110,000 Japanese American citizens. This was done via Executive order 9066. In 1944 the Supreme Court upheld the constitutionality of this order!?!
Moving forward to more recent times the 3rd Infantry Division's 1st Brigade Combat Team will be assigned to Northcom and will serve as an on call federal response force for civil emergencies or disasters.
Now, planning for natural disasters, plagues, terrorist attacks is a prudent and responsible act on the part of the government. The disclosure of the FEMA concentration camps came via a Presidential Directive signed by Ronald Reagan in April 1984 that allowed FEMA to engage in a national readiness exercise known as REX 84. The REX 84 plan called for the suspension of the constitution, declaration of martial law and appointment of military commanders to run state and local governments. Since the development of this contingency plan, over 800 concentration camps have been constructed. (The largest of which is in Alaska and has an estimated capacity of over one million people.) Excerpt from the Department of the Army Historical Summary:FY 84, page 36: "The Federal Emergency Management Agency (FEMA) directed the participation of several federal civil agencies in NIGHT TRAIN 84 under its own exercise title of Readiness Exercise (REX) 84 BRAVO."
The Army Historical Summary indicates that the original purpose of the camps was that in case of some type of nuclear exchange with the Soviet Union, society would break down in the affected areas and there would be a need to contain large segments of the population. Other uses would include population containment as a result of natural disaster or epidemic.
On January 22, 2009 HR 645 was introduced by Representative Hastings of Florida:
A BILL
To direct the Secretary of Homeland Security to establish national emergency centers on military installations.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,SECTION 1. SHORT TITLE.This Act may be cited as the `National Emergency Centers Establishment Act’.SEC. 2. ESTABLISHMENT OF NATIONAL EMERGENCY CENTERS.(a) In General- In accordance with the requirements of this Act, the Secretary of Homeland Security shall establish not fewer than 6 national emergency centers on military installations.(b) Purpose of National Emergency Centers- The purpose of a national emergency center shall be to use existing infrastructure–(1) to provide temporary housing, medical, and humanitarian assistance to individuals and families dislocated due to an emergency or major disaster;(2) to provide centralized locations for the purposes of training and ensuring the coordination of Federal, State, and local first responders;(3) to provide centralized locations to improve the coordination of preparedness, response, and recovery efforts of government, private, and not-for-profit entities and faith-based organizations; and(4) to meet other appropriate needs, as determined by the Secretary of Homeland Security.SEC. 3. DESIGNATION OF MILITARY INSTALLATIONS AS NATIONAL EMERGENCY CENTERS.(a) In General- Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall designate not fewer than 6 military installations as sites for the establishment of national emergency centers.(b) Minimum Requirements- A site designated as a national emergency center shall be–(1) capable of meeting for an extended period of time the housing, health, transportation, education, public works, humanitarian and other transition needs of a large number of individuals affected by an emergency or major disaster;(2) environmentally safe and shall not pose a health risk to individuals who may use the center;(3) capable of being scaled up or down to accommodate major disaster preparedness and response drills, operations, and procedures;(4) capable of housing existing permanent structures necessary to meet training and first responders coordination requirements during non disaster periods;(5) capable of hosting the infrastructure necessary to rapidly adjust to temporary housing, medical, and humanitarian assistance needs;(6) required to consist of a complete operations command center, including 2 state-of-the art command and control centers that will comprise a 24/7 operations watch center as follows:(A) one of the command and control centers shall be in full ready mode; and(B) the other shall be used daily for training; and(7) easily accessible at all times and be able to facilitate handicapped and medical facilities, including during an emergency or major disaster.(c) Location of National Emergency Centers- There shall be established not fewer than one national emergency center in each of the following areas:(1) The area consisting of Federal Emergency Management Agency Regions I, II, and III.(2) The area consisting of Federal Emergency Management Agency Region IV.(3) The area consisting of Federal Emergency Management Agency Regions V and VII.(4) The area consisting of Federal Emergency Management Agency Region VI.(5) The area consisting of Federal Emergency Management Agency Regions VIII and X.(6) The area consisting of Federal Emergency Management Agency Region IX.(d) Preference for Designation of Closed Military Installations- Wherever possible, the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall designate a closed military installation as a site for a national emergency center. If the Secretaries of Homeland Security and Defense jointly determine that there is not a sufficient number of closed military installations that meet the requirements of subsections (b) and (c), the Secretaries shall jointly designate portions of existing military installations other than closed military installations as national emergency centers.(e) Transfer of Control of Closed Military Installations- If a closed military installation is designated as a national emergency center, not later than 180 days after the date of designation, the Secretary of Defense shall transfer to the Secretary of Homeland Security administrative jurisdiction over such closed military installation.(f) Cooperative Agreement for Joint Use of Existing Military Installations- If an existing military installation other than a closed military installation is designated as a national emergency center, not later than 180 days after the date of designation, the Secretary of Homeland Security and the Secretary of Defense shall enter into a cooperative agreement to provide for the establishment of the national emergency center.(g) Reports-(1) PRELIMINARY REPORT- Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting jointly with the Secretary of Defense, shall submit to Congress a report that contains for each designated site–(A) an outline of the reasons why the site was selected;(B) an outline of the need to construct, repair, or update any existing infrastructure at the site;(C) an outline of the need to conduct any necessary environmental clean-up at the site;(D) an outline of preliminary plans for the transfer of control of the site from the Secretary of Defense to the Secretary of Homeland Security, if necessary under subsection (e); and(E) an outline of preliminary plans for entering into a cooperative agreement for the establishment of a national emergency center at the site, if necessary under subsection (f).(2) UPDATE REPORT- Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting jointly with the Secretary of Defense, shall submit to Congress a report that contains for each designated site–(A) an update on the information contained in the report as required by paragraph (1);(B) an outline of the progress made toward the transfer of control of the site, if necessary under subsection (e);(C) an outline of the progress made toward entering a cooperative agreement for the establishment of a national emergency center at the site, if necessary under subsection (f); and(D) recommendations regarding any authorizations and appropriations that may be necessary to provide for the establishment of a national emergency center at the site.(3) FINAL REPORT- Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security, acting jointly with the Secretary of Defense, shall submit to Congress a report that contains for each designated site–(A) finalized information detailing the transfer of control of the site, if necessary under subsection (e);(B) the finalized cooperative agreement for the establishment of a national emergency center at the site, if necessary under subsection (f); and(C) any additional information pertinent to the establishment of a national emergency center at the site.(4) ADDITIONAL REPORTS- The Secretary of Homeland Security, acting jointly with the Secretary of Defense, may submit to Congress additional reports as necessary to provide updates on steps being taken to meet the requirements of this Act.SEC. 4. LIMITATIONS ON STATUTORY CONSTRUCTION.This Act does not affect–(1) the authority of the Federal Government to provide emergency or major disaster assistance or to implement any disaster mitigation and response program, including any program authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); or(2) the authority of a State or local government to respond to an emergency.SEC. 5. AUTHORIZATION OF APPROPRIATIONS.There is authorized to be appropriated $180,000,000 for each of fiscal years 2009 and 2010 to carry out this Act. Such funds shall remain available until expended.SEC. 6. DEFINITIONS.In this Act, the following definitions apply:(1) CLOSED MILITARY INSTALLATION- The term `closed military installation’ means a military installation, or portion thereof, approved for closure or realignment under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) that meet all, or 2 out of the 3 following requirements:(A) Is located in close proximity to a transportation corridor.(B) Is located in a State with a high level or threat of disaster related activities.(C) Is located near a major metropolitan center.(2) EMERGENCY- The term `emergency’ has the meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).(3) MAJOR DISASTER- The term `major disaster’ has the meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).(4) MILITARY INSTALLATION- The term `military installation’ has the meaning given such term in section 2910 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
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This actually appears to be a fairly benign bill, however, it basically transfers (see bolded text) control from FEMA directly to the military, which would be under the direction of Homeland Security. Once you are on military property you are subject to military law as opposed to civilian law. It's a bit easier to skirt the constitution under military law.
Many of the camps were constructed by Kellog, Brown and Root (Now known as KBR) after being awarded a $385 million dollar contingency contract by DHS. FEMA also ordered 107,200!!!! prison rail cars from Gunderson Steel. These look like typical rail car carriers.
While these camps were set up mainly for disaster response, they could easily be used for more sinister purposes. Let's not forget that it was a Dimocratic (intentional spelling) administration that sent over 110,000 Japanese Americans to prison camps here in America. Today, our government has the capacity to inter 2-3 million people on a moments notice. That is something we should all be a bit concerned over.
Update 03/18/2009: From CNS News: link: http://cnsnews.com/public/content/article.aspx?RsrcID=45206 Excerpt: (CNSNews.com) - "The U.S. Army has launched an inquiry into how and why active duty troops from Fort Rucker, Ala., came to be placed on the streets of Samson, Ala., during last week's murder spree in that tiny South Alabama community. The use of the troops was a possible violation of federal law." (Probably not a big deal, but it's another foot in the door.)
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