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




"Stuknot" <Jhanson@xxxxxxxxxxxxxx> wrote in message
news:1125687447.534810.104560@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
> 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.

Hmmm. Didn't Eisenhower send federal troops into the south for civil rights
enforcement?

R.


.



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