Posted on 09/08/2005 2:06:12 AM PDT by knowyouremeny
I just got done reading the entire Stafford Act, as well as other laws. Here's the skinny:
Bush never needed Governor Blanco's nor Mayor Nagin's consent to do [b]ANYTHING[/b] in New Orleans.
Posse Comitatus Act of 1878: Basically says that the Army, Navy, Air Force, etc. cannot be used to police a city "except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress"
As it's been explained to me, the NG operates under the Governor's control if they're used domestically, unless they're federalized (however that happens... perhaps Governor consent or an act of Congress), so basically, none of this means much except Bush can't control them without them being federalized. However, I have no clue how Kennedy got away with doing it at Univ of Albama, against the governors wishes, in 1963.
****************************************** IMPORTANT STUFF STARTS HERE ******************************************
I start reading the Stafford Act... and it's got quite a bit of useful info in it... and then the end completely removes all doubt about who has authority over the NG, whether or not Army/Navy can move in without local & state consent, etc. ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT: http://www.ohioema.org/robertt.htm
*** IMPORTANCE: MEDIOCRE *** "WAIVER OF ADMINISTRATIVE CONDITIONS
Sec. 301. Any Federal agency charged with the administration of a Federal assistance program may, if so requested by the applicant State or [b]local authorities[/b], modify or waive, for a major disaster, such administrative conditions for assistance as would otherwise prevent the giving of assistance under such programs if the inability to meet such conditions is a result of a major disaster."
Nagin asked for martial law, troops, & other goverment assistance... I believe about 24 hours after Katrina hit. MP3 of Nagin here: http://www.atypical.net/mm/nagin.mp3 (Skip the first 30 seconds) Want more proof? Contact me. CNN & other sources have transcripts of interview. ------------------------------------------------------------------------
*** IMPORTANCE: MEDIOCRE *** "Sec. 403. (a) In General. Federal agencies may on the direction of the President, provide assistance essential to [b]meeting immediate threats to life and property resulting from a major disaster[/b] , as follows:
[b](I) reduction of immediate threats to life, property, and public health and safety[/b]."
Bush can bypass gaining state & local consent to render aid that would meet criterion (I). ------------------------------------------------------------------------
*** IMPORTANCE: MEDIOCRE *** "EMERGENCY PUBLIC TRANSPORTATION Sec. 419. The President is authorized to provide temporary public transportation service in an area affected by a major disaster to meet emergency needs and to provide transportation to governmental offices, supply centers, stores, post offices, schools, major employment centers, and such other places as may be necessary in order to enable the community to resume its normal pattern of life as soon as possible. "
Bush had the authority to use any means necessary to evacuate those who wished to leave. -------------------------------
****************************************** ******** IMPORTANCE: HIGH ******* ****************************************** "In any [state of] emergency, the President may -
(1) direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical and advisory services) in support of State and local emergency assistance efforts to [b]save lives, protect property and public health and safety, and lessen or avert the threat of a catastrophe [/b];
(2) coordinate all disaster relief assistance (including voluntary assistance) provided by Federal agencies, private organizations, [b]and State and local governments[/b];"
1::: In order to "save lives, preserve public health and safety, and lessen or avert the threat of a catastrophe", the President may use any federal agencies to assist local and state relief efforts.
2::: The President can assume control of all federal, state, local, and private agencies. ------------------------------------------------------------------------ ------------------------------------------------------------------------ ------------------------------------------------------------------------
All of this is assuming that the state is under in a state of emergency, which it was... governor declared state of emergency on 26th... bush declared LA federal state of emergency on the 27th. (See: http://www.thinkprogress.org/katrina-timeline )
Congressman Billybob
Latest column: "The Constitution is Finished: Not the US One, the Atlanta One"
It's Bush's fault./sarcasm
Cherry picking your data will get you no where on FreeRepublic except out the door. Do I smell Ozone????
See you signed up today. Welcome to Free Republic. I'm afraid your stay will be short though. Nice attempt at trolling. Bye!!
googling "knowyouremeny" reveals a pretty sick poster
maybe you should have chosen "know your enema"
and your credentials as a constituional lawyer are?
Lets get real after an all nighter reading federal authority law... I think that you should leave the details of this to the lawyers....
Lets face it the Governer of Lousiana screwed up and bad... and she still is with this stupid power play with the mayor of NO.
btw ibfz
Bwhahahahaha!!! He can't even spell his own name right!!!! How does he expect anyone to believe him if he can't get his own name right? LOLOL!!!!!
But what is your opionion of what went on?
we know you can site documentation... how about your own interjection instead of DNC talking points?
a typical twit and run poster
there was quite a discussion on just these points on one of the later "live" Katrina threads. those on opposing sides finally "agreed to disagree" on the interpretation of what you're discussing.
I'm sure we'll hear much about the points you're discussing later on, IIRC one of the intepretations was that what was written allowed requests to be made/honored in a more informal way than going through the usual paperwork blizzard. But that it did not supercede other law like Posse Comitatus. Others disagreed and assumed the position you're taking now.
Much lawyer time will probably be spent either confusing or trying to clairfy to the public.
see told you you should leave it to the professionals.
It seems to me this is another Far Left "Gotcha Moment" that has failed.
Nice try, but no cigar...
§ 5141. WAIVER OF ADMINISTRATIVE CONDITIONS {Sec. 301}
Any Federal agency charged with the administration of a Federal assistance program may, if so requested by the applicant State or local authorities, modify or waive, for a major disaster, such administrative conditions for assistance as would otherwise prevent the giving of assistance under such programs if the inability to meet such conditions is a result of the major disaster.
The governer did not permit such assistance to take place until September 1st. Look at her website.
But oh! Silly me, it's BUSH'S FAULT!
***
"I want everything to be BUSH'S FAULT!"
But the fairy godmother's magic wasn't strong enough for this wish. All she could manage was a short pod on CNN, that only 5 DUmmies were watching. To make matters worse, most of the commentary was in words with two or more syllables and only 1 out of 5 DUmmies watching could understand the content.
The END!
knowyouremeny
Since Sep 8, 2005
We have a troll. Bring in the cats.
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