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New York Times editorial: Making Martial Law Easier

A disturbing recent phenomenon in Washington is that laws that strike to the heart of American democracy have been passed in the dead of night. So it was with a provision quietly tucked into the enormous defense budget bill at the Bush administration’s behest that makes it easier for a president to override local control of law enforcement and declare martial law.
Beyond cases of actual insurrection, the president may now use military troops as a domestic police force in response to a natural disaster, a disease outbreak, terrorist attack or to any “other condition."
Senators Patrick Leahy, Democrat of Vermont, and Christopher Bond, Republican of Missouri have introduced a bill to repeal this provision.

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