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 )
come on plenty of valid challenges here to your statements come out and defend yourself instead of lurking.
You signed up today to tell us this? Your misinformed take actually? Begone idiot!
RKBA/vk present.... :) been trying to bait the sucker out.... I think he is a runner! :)
"Did you read this at all?"
Of course they didn't. It benefits them not to read it. They only are interested in fiction, not fact.
knowyouremeny
silent since 09/08/2005 4:06:12 AM CDT
TITLE IV - MAJOR DISASTER ASSISTANCE PROGRAMS PROCEDURE FOR DECLARATIONSec. 401. All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As part of such request, and as a prerequisite to major disaster assistance under this Act, the Governor shall take appropriate response action under State law and direct execution of the State's emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this Act. Based on the request of a Governor under this section, the President may declare under this Act that a major disaster or emergency exists.
Looks pretty straight forward to me...
"All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State."
Gee, you gotta get up pretty early to be that stupid. Some days it just don't pay to get up at all.
admire your intentions but it is more than just the stafford act. ask some of the emergency folks. you also have to look a the national response plan, agreements, state/local plans and MOUs. its not that simple.
IBTZ? Finally?
nah I got it about 20 posts ago.
bttt
In before the zot!
You really need to give him (her) a break. He stayed at a Holiday Inn Express last night.
OH, wait, that was a Motel 6. Nevermind.
5 points for creativity... :) s
Wrong. It was 1962 and the University of Mississippi. I was there as a freshman. I got tear gassed and shot at by federal marshals that had surrounded the Lyceum building (administration building). And, I had done nothing. I saw a coed take a tear gas shell in the chest when the marshals freaked. I had paratroopers camped out across the street from my dorm. I'll never forget the heavy hand of government.
PROCEDURE FOR DECLARATIONSec. 501. (a) Request and Declaration. All requests for a declaration by the President that an emergency exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the situation is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As part of such request, and as a prerequisite to emergency assistance under this Act, the Governor shall take appropriate action under State law and direct execution of the State's emergency plan. The Governor shall furnish information describing the State and local efforts and resources which have been or will be used to alleviate the emergency, and define the type and extent of Federal aid required. Based upon such Governor's request, the President may declare that an emergency exists.
(b) Certain Emergencies Involving Federal Primary Responsibility. The President may exercise any authority vested in him by section 502 or section 503 with respect to an emergency when he determines that an emergency exists for which the primary responsibility for response rests with the United States because the emergency involves a subject area for which, under the Constitution or laws of the United States, the United States exercises exclusive or preeminent responsibility and authority. In determining whether or not such an emergency exists, the President shall consult the Governor of any effected State, if practicable. The President's determination may be made without regard to subsection (a).
Hmmmm... the President could send in the rescuers for the NO Post Office, Federal Court Building, and maybe any military bases in the area... but they would not be allowed to do anything else... but the President "shall consult" with the effected state's governor.
I guess the MSM and the RATS had it right, it must be POTUS' fault. Perhaps you and your team should apply for a JD advisory slot as you certainly think you are an expert on Constitional law.
barbra ann
. . . As part of such request, and as a prerequisite to emergency assistance under this Act, the Governor shall take appropriate action under State law and direct execution of the State's emergency plan.
She didn't.
Wrong. Wrong. Wrong.
Nice to see you googling information, but unless you understand Constitutional Law, you cannot read it correctly.
Again, wrong.
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