Re: Posts from a NO rescue worker on the Vibes board

JC Martin wrote:
>
><snip> Where does it state the President of the United
> States can not send troops in or that he needs *permission* from the
> governor to handle a national emergency? <snip>


You're both right. It's a candy and a gum! Here's how I understand
it:

Broadly speaking, the Posse Comitatus Act prohibits the use of most
troops (not Coast Guard) from acting domestically to enforce the laws
absent an express provision in the Constitution or Congressional Act.
This does not include National Guards of the states unless they have
been federalized by order of the president. Once they have been
federalized, they too are prohibited from enforcing the laws
domestically. The purpose of the Act is to prevent the formation of a
national police force and to reserve police power to the states. The
Stafford Act provides one of those exceptions contemplated by the Posse
Comitatus Act. Upon request from the governor in an emergency the
President is authorized to order the Dept. of Defense to deploy its
personnel for a period of not more then 10 days to assist in any
manner.

Technically, the President could probably send in troops without an
invitation so long as their job description didn't include "enforcing
the laws." This has happened before - looking for terrorists during
the Olympics in Atlanta was an example. However, a Republican
president, sensitive to state's rights and dealing with southern
states, would almost certainly wait until asked by a state governor
before sending in troops.

John H.

.

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