SB 112-31: Posse Comitatus Protection Act (Passed)
Mr. Reactionary:
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SENATE BILL
To reduce abuse of power by the executive branch in the use of military force
Be it Enacted in the Atlasian Senate Assembled,
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POSSE COMITATUS PROTECTION ACT
1. No activity, including the provision of any equipment or facility or the assignment or detail of any personnel, shall include or permit direct participation by a member of the Army, Navy, Air Force, Marine Corps, Space Force, or other federal armed forces in a search, seizure, arrest, or other similar activity or general police power, unless participation in such activity by such member is otherwise expressly authorized by law. For purposes of this section, other federal armed forces includes but is not limited to the National Guard when under federal chain of command. For purposes of this section, other similar activity or general police power, includes but is not limited to the enforcement of any drug law, the enforcement of any quarantine, mass vaccination, or mass incarceration of citizens or lawfully present aliens, or the performance or facilitation of any abortion; however the performance of border patrol activities or the detainment of unlawfully present aliens shall not be prohibited, pursuant to law.
2a. Whenever there is an insurrection in any Region against its government or the government of a State or locality therein, the President may, upon the request of the Governor of the Region concerned, call into Federal service such of the militia of the other Regions or States, in the number requested by the Governor of the Region concerned, and use such of the armed forces, as the President considers necessary to suppress the insurrection.
2b. The President may not invoke the authority under this section unless the President, the Secretary of State, and the Attorney General certify to the Senate that the Governor of the Region concerned has requested the aid described to suppress an insurrection. Such authority shall lapse within ten (10) days unless an extension is approved by a majority vote of the whole Senate. The President shall not be permitted to redeploy armed forces under this section after this ten (10) day period against the same insurrection without prior approval by a majority vote of the whole Senate.
3a. Whenever violent obstructions, combinations, or assemblages, or rebellion against the authority of Atlasia, make it impracticable to enforce the laws of Atlasia in any State by the ordinary course of judicial proceedings, and the Governor of the Region in which such State is located requests aid in or expressly refuses to disperse or desist such violent obstructions, combinations, or assemblages, or rebellion, the President may call into Federal service such of the militia of any other State or Region, and use such of the armed forces, as the President considers necessary to enforce those laws or to suppress the rebellion.
3b. The President may not invoke the authority under this section unless the President, the Secretary of State, and the Attorney General certify to the Senate that the Region in which the State concerned is located has requested such aid or is unable or unwilling to suppress the violent obstruction, combination, or assemblage, or rebellion against the authority of Atlasia. A certification under this paragraph shall include:
i. A description of the circumstances necessitating the invocation of the authority under this section.
ii. Demonstrable evidence that the Region concerned has requested aid or is unable or unwilling to suppress such unlawful obstruction, combination, or assemblage, or rebellion against the authority of Atlasia, and a legal justification for resorting to the authority under this section to so suppress.
iii. A description of the mission, scope, and duration of use of members of the armed forces under this section.
3c. Such authority, when at the request of the Governor of the Region concerned, shall lapse within ten (10) days unless an extension is approved by a majority vote of the whole Senate. The President shall not be permitted to deploy armed forces under this section without the request of the Governor of the Region concerned or redeploy armed forces under this section after this ten (10) day period against the same violent obstruction, combination, or assemblage, or rebellion, without prior approval by a majority vote of the whole Senate.
3d. A Region that has lawfully seceded or exercised its authority pursuant to the laws of Atlasia shall not be considered a violent obstruction, combination, or assemblage, or rebellion under this act.
4.The President, in every possible instance, shall consult with the Senate before invoking the authority under this act. Correspondingly, any request by the President to the Senate made pursuant to this act shall be expeditiously considered by the Senate, and shall immediately come to the floor for debate and vote regardless of if there are any empty legislative slots available at the time of the request.
5. Notwithstanding, and without prejudice to, any other provision of law, any individual or entity, including a Regional, State, or local government, that is injured by, or has a credible fear of injury from, the use of members of the armed forces under this act may bring a civil action for declaratory or injunctive relief to the Supreme Court. In any action under this section, the Supreme Court shall have jurisdiction to decide any question of law or fact arising under this act, including challenges to the legal basis for members of the armed forces to be acting under this act. It shall be the duty of the Supreme Court to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this section.
6. The President may not avoid any of the provisions of this act by authorizing the militia or armed forces of a Region to enter into the territory of another Region, without the request of the Governor of such other Region, outside of the federal chain of command. Any such authorization shall be considered an activity or deployment subject to the provisions of this act.
7. The National Guard of Nyman shall be subject to the command of the government thereof to the same extent as any other State.
8. 10 U.S.C. 251 - 253 and 10 U.S.C. 275 are hereby repealed and replaced by this act.
9. This act shall take effect immediately.
Sponsor: NCYankee
Debate on this bill is now open.
Mr. Reactionary:
After the idiocy earlier this year this bill seems common sense Yankee. Looking it over it tightens civilian control over the military and prohibits a lot of the abusive conduct engaged in by the OBD-Truman-WD Regime during the Kansas fiasco such as the unilateral use of the military for civilian law enforcement, deploying of Regional militia against each other, and the federalizing of Regional guards to violate the law. This bill is important to protect civil liberties and prohibit future abuses of power.
Southern Senator North Carolina Yankee:
Certainly, this bill reigns in the potential of abuse by an out of control executive power, something we have had the misfortunate of witnessing first hand in recent years and in the past as well.
WD:
Motion to table
West_Midlander:
Quote from: WD on November 27, 2022, 11:27:23 PM
Motion to table
Reasoning?
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