Posted on 09/05/2005 8:21:34 PM PDT by Jeff Head
This is the first I have seen a claim that the feds can just come in and take over. I mean maybe if local and regional leadership and chain of command were taken hostage or killed, maybe the feds could come in uninvted. But we've got something called jurisdiction in this country, when it comes to government and law enforcement, and it is jealously guarded.
Our mayor in Los Angeles is studying this situation real hard so he will know what to do, come what may. He doesn't want to be the fool that Nagin is.
Horrible as the thought is, it sure raises the spectre. . .
You are welcome my friend. I am adding some of the excellent suggsetions mentioned her on this thread to my web site publication of this same article.
As to the firearms, go to a local gun range and get some training and then purchase what is appropriate for your circumstances. It can mean the difference between life and death, sufficiency and want.
Oh yeah, batteries, right...duh.. I'm going to the next local NRA meeting.
Nope.
"So let's see, the president can call out the National Guard, but see, he can't "coordinate" anything because it depends on what the definition of "coordinate" is."
Now there's a creative work, but it's not rational.
"CFR 44; 206.35
§ 206.35 Requests for emergency declarations.
(a) When an incident occurs or threatens to occur in a State, which would not qualify under the definition of a major disaster, the Governor of a State, or the Acting Governor in his/ her absence, may request that the President declare an emergency. The Governor should submit the request to the President through the appropriate Regional Director to ensure prompt acknowledgment and processing. The request must be submitted within 5 days after the need for assistance under title V becomes apparent, but no longer than 30 days after the occurrence of the incident, in order to be considered. The period may be extended by the Associate Director provided that a written request for such extension is made by the Governor, or Acting Governor, during the 30-day period immediately following the incident. The extension request must stipulate the reason for the delay.
(b) The basis for the Governors request must be the finding that the situation:
(1) Is of such severity and magnitude that effective response is beyond the capability of the State and the affected local government(s); and
(2) Requires supplementary Federal emergency assistance to save lives and to protect property, public health and safety, or to lessen or avert the threat of a disaster.
(c) In addition to the above findings, the complete request shall include:
(1) Confirmation that the Governor has taken appropriate action under State law and directed the execution of the State emergency plan;
(2) Information describing the State and local efforts and resources which have been or will be used to alleviate the emergency;
(3) Information describing other Federal agency efforts and resources whichhave been or will be used in responding to this incident; and
(4) Identification of the type and extent of additional Federal aid required.
(d) Modified declaration for Federal emergencies. The requirement for a Governors request under paragraph
(a) of this section can be waived when an emergency exists for which the primary responsibility rests in the Federal government because the emergency involves a subject area for which, under the Constitution or laws of the United States, the Federal government exercises exclusive or preeminent responsibility and authority. Any party may bring the existence of such a situation to the attention of the FEMA Regional Director. Any recommendation for a Presidential declaration of emergency in the absence of a Governors request must be initiated by the Regional Director or transmitted through the Regional Director by another Federal agency. In determining that such an emergency exists, the Associate Director or Regional Director shall consult the Governor of the affected State, if practicable.
(e) Other authorities. It is not intended for an emergency declaration to preempt other Federal agency authorities and/or established plans and response mechanisms in place prior to the enactment of the Stafford Act."
There's nothing there. I gave you the links to DHS and CFR 44. Find where it gives the President, or his cabinet, dictatorial powers, then post it. If you can't do that, you're just spinning your wheels and it looks like you're doing it with the garage door closed.
LESSON NUMBER SEVEN: Moral and spiritual preparedness is equally important to all of the above. John Adams said the following:
"We have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge, or gallantry, would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate for the government of any other."- John Adams, Oct. 11, 1798Our fundamental, foundational, moral beliefs...meaning the Judeao-Christian values upon which this nation was established...and understand, on the societal level it matters most that those values are shared by us as opposed to which denominatios have the most members...are what enables us to aptly and with wisdom and compassion apply whatever preparations we make. No amount of planning and preparedness will suffice in the absence of solid, foundational moral values built upon truths like:
Thou shalt not steal, Thos shalt not kill, Thos shalt not covet, Thou shalt not commit adultry, Love others as yourself, Do unto others as you would have them do unto you, etc."In the end, this is fundamental and essential to our success in planning at the individual level, the local level, the state level, and the national level. To espouse such beliefs for political purposes can never supplant applying them in our daily lives as individuals and leaders.
LESSON NUMBER SEVEN: Moral and spiritual preparedness is equally important to all of the above. John Adams said the following:
"We have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge, or gallantry, would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate for the government of any other."- John Adams, Oct. 11, 1798Our fundamental, foundational, moral beliefs...meaning the Judeao-Christian values upon which this nation was established...and understand, on the societal level it matters most that those values are shared by us as opposed to which denominatios have the most members...are what enables us to aptly and with wisdom and compassion apply whatever preparations we make. No amount of planning and preparedness will suffice in the absence of solid, foundational moral values built upon truths like:
Thou shalt not steal, Thos shalt not kill, Thos shalt not covet, Thou shalt not commit adultry, Love others as yourself, Do unto others as you would have them do unto you, etc."In the end, this is fundamental and essential to our success in planning at the individual level, the local level, the state level, and the national level. To espouse such beliefs for political purposes can never supplant applying them in our daily lives as individuals and leaders.
I apologize; I was thinking that you would have seen where I cited a bunch of this stuff, but I only sent it to Eva. But anyway, the earlier post can be found here:
http://www.freerepublic.com/focus/f-bloggers/1478195/posts?page=146#146
Now, if the state in question is in insurrection, or the leadership has been wiped out by the disaster and is unable to request the assistance, that would be a different matter.
In this case we have a governor, IMHO, who is 1st, unable or unwilling to make the forthright necessary decisions, and, 2nd, who is playing political blame games with it and therefore with the welfare and lives of her citizens.
Bump your post!
Thanks...see post 188 too.
Okey Dokey.
Will do.
I am not sure whether those quotes you cite from the governor invoke that language or those mechanisms.
As I have stated, there is a significant amount of wrangling going on by the state executive that is muddying the waters and clouding the entire situation...which has been dampening an otherwise fairly phenominal federal response given the extent and magnitude of the disaster.
In particular this:
" No. The President of the United States does not have to get permission from state governors to call in the National Guard or to coordinate response efforts during a national emergency.
You seemed to think the appointmrnt of a fed coordinator is the equivalent of appointing a fed dictaor. Read #169 again.
You have yet to find anything that gives the feds the right to dictate to and overrule State and local officials. that stands regardless of your repeated presentation of this little gem, because as a stand alone quote out of context it fits your agenda:
"(4) the Secretary has been directed to assume incident management responsibilities by the President"
As per link given to you in #169, the incident management responsibilities are for coordination, not dictation.
Thanks for the ping, Jeff.
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