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To: nascardaughter
"You've got to be kidding me. "

Nope.

Coordination != dictation.

"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 Governor’s 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 Governor’s 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 Governor’s 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.

186 posted on 09/06/2005 1:00:07 PM PDT by spunkets
[ Post Reply | Private Reply | To 178 | View Replies ]


To: spunkets

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


192 posted on 09/06/2005 1:41:14 PM PDT by nascardaughter
[ Post Reply | Private Reply | To 186 | View Replies ]

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