The government grows and grows and grows and grows and grows.....  Now its
my responsibility to pay my tax money so our government can respond within 5
seconds with billions of dollars of Aid for people that a) shouldn't build
homes and businesses in a flood plain and b) Don't listen to people telling
them to get out, and c) causes another SUPERGROWTH cycle of the Federal
Government.

One thing to be sure of is that the Gun Rights groups will be all over any
attempt to pass laws that suspend civil rights and local laws (A ridiculous
concept) and lastly lets remember that almost every piece of legislation
Congress passes as a knee jerk reaction to an event is always a horrible and
badly planned law.  Which has devastating consequences on the budget,
liberties, and expediency.



Atlanta Journal-Constitution
September 21, 2005
Pg. 19

Liberties Take Another Hit After Katrina

By Bob Barr

It is in times of great crisis that America has reached within its soul and
found the extraordinary power to defeat the greatest forces of evil the
world has marshaled against civilization. Ironically, it is in those same
times of great challenge that America has succumbed to the lure of power and
expediency to weaken the laws that serve to undergird our very liberty.

The threat of war with France in the late 18th century gave us the notorious
Alien and Sedition Acts. The Civil War afforded President Abraham Lincoln an
excuse to suspend the Great Writ -- habeas corpus. The "Red Scare" following
World War I gave us the infamous Palmer Raids, and the Second World War the
internment of thousands of Japanese-Americans. The Communist threat of the
post-WWII era spawned the House Un-American Activities Committee and the
disgraceful McCarthy hearings.

More recently, the abject fears born of the terrorist attacks of Sept. 11,
2001, have given us the USA Patriot Act, which threatens to eviscerate the
Fourth Amendment guarantees against unreasonable searches and seizures, even
as it undermines the notion of privacy embodied therein.

In each of these chapters in America's constitutional journey, it was a real
or perceived military threat that precipitated a constitutional crisis. In a
sense, perhaps, it was understandable that, in attempting in good faith to
meet those challenges, some would make mistakes in how to resolve them. Now,
America's constitutional foundations are being shaken not in response to a
military threat, but because of an act of nature.

Decision-makers in the White House and on Capitol Hill are considering
legislative responses to Hurricane Katrina that would undo some of our most
fundamental safeguards against abusive central government power. Federalism,
a cornerstone of our system of governing, will be a casualty, as will the
principle that the power of our armed forces to enforce domestic laws is
inconsistent with the rule of law throughout our history. These efforts are
being spearheaded by Republican lawmakers who in decades past prided
themselves on being not the Party of Big Government but of states' rights
and individual liberty. No more.

U.S. Sen. John Warner, who hails from Virginia, the state that gave us such
timeless champions of freedom as Thomas Jefferson, Patrick Henry and James
Madison, appears to be leading the charge to undo the doctrine of posse
comitatus, the post-Civil War law that has stood for 125 years to keep the
military from enforcing domestic laws except in narrow, carefully crafted
circumstances.

Specifically, many in the Congress, with the tacit if not express consent of
the Bush administration, are considering changes to federal laws that would,
among other things: empower active-duty federal troops to engage directly in
enforcing local laws; create specialized military units dedicated to
domestic problems; authorize the president to federalize National Guard
troops without being asked to do so by a state governor; and establish a
national military command center to immediately take control of logistics,
security and supplies in the event of an "emergency."

Such changes, while perhaps possessed of a certain appeal in light of the
bureaucratic bungling following the breaks in the flood control barriers in
New Orleans, would fatally erode the principles of federalism and civilian
rule of law that have enabled us to remain a uniquely free people.

Perhaps even more frightening, however, than the rush to militarize all
aspects of natural disaster response is the move in the House of
Representatives to pass legislation that would vest in a single federal
judge the power to suspend all civil and criminal laws and proceedings in
all federal courts, in the event of a vague "emergency." Moreover, the
legislation being considered by the House would also make it a federal crime
for any person to "interfere" with, "oppose" or "intimidate" any federal
employee, or a person helping any federal employee, who may be involved in
any way in supporting recovery from an emergency or disaster.

Thus, those people who forcibly refused to leave their home in a flooded
area, when ordered to do so by any person employed by any federal agency,
would have committed a federal criminal offense. And if they have a firearm
in their house at the time, they would be subject to an enhanced penalty of
15 years in a federal prison.

These gross and unnecessary overreactions to the obvious problems following
Katrina's rains and winds are being seriously considered in the Congress. If
their advocates succeed in having such measures signed into law, Katrina
will have claimed yet another victim -- the Constitution of the United
States of America.

Former congressman and U.S. Attorney Bob Barr practices law in Atlanta.




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