Slouching Toward a Police State: Section 1076

If any question why we died,
Tell them, because our fathers lied
--Epitaphs of the War, 1914-1918, Rudyard Kipling
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The Defense Appropriation Act of 2007 has a disturbing provision, Section 1076, set to take effect October 2007, which allows the president broad powers to employ the armed forces, including the National Guard, to:

1. 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..., where the President determines that,...domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order;
2. Suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy...”

Note: I could not access the bill through the government records, which were "unavailable" online. An informed discussion arose in the dialog section at Sic Semper Tyrannis.

Note also this was passed by a Democratically controlled Congress, over some opposition that the bill nullified the Posse Comitatus Act and the Insurrection Act. It gives the president the legal authority to define the conditions for declaring martial law.

Why would such a provision be needed when the two aforementioned acts already address the issue of martial law? Our military is fighting phony wars overseas, while the real war is political, and addresses the issue of balance of powers within the U.S. Constitution and traditional operational techniques.

The real war is being fought over the body of our foundation documents, and it is unclear whether they will emerge as recognizable once this fear-mongering group of scoundrels leave office.

Laws should address valid and emerging concerns, and there are none evident here. What is the problem being addressed, and why is Section 1076 the solution?

Addressing martial law within the U.S. homeland implies that the U.S. population is the problem. When would our state constituted authorities be incapable of maintaining public order?

Section 1076 is a diminution of State's rights and the governors' constitutional right to properly lead their states during a state of emergency. Since the Governors supposedly control the state's National Guards, then what are their options when these assets are federalized?

Will the country be well-served by bypassing the states?

The issue of martial law is the logical conclusion of a march to a presidential militarization of U.S. society. Once martial law is declared, what are our guarantees that it will ever be lifted?

Why is Section 1076 required? America has prospered for over 240 years without it. Why now?

Section 1076 is yet another preemptive strike in the presidential pocket, should the domestic rabble become too agitated for comfort.