Posted on 9/9/2005, 3:44:12 AM by smoothsailing
Demanding Dictatorship in Katrina's Wake?
By Joe Mariani
September 9, 2005
Probably the most astonishing result of Hurricane Katrina so far has been the overall reaction of the Left. I don't mean the whining criticisms or the politicizing of tragedy for political purposes, however -- those Liberal reactions are par for the course in any situation. Former NYC Mayor Ed Koch (web site) was at his most honest when he said that "it's fair game for the Democrats to attack the president at this time. They want to win the House next year." What amazes me is that the same people who have spent four years accusing President Bush of shredding the Constitution and mounting a military coup in America seem to be angry with him... because he didn't shred the Constitution and mount a military coup.
The most persistent Liberal and Democrat attacks (web site) concerning the aftermath of Katrina have been that "the government" (by which they mean the federal government) was too slow to take charge of the situation.
According to the critics, Bush should have immediately sent the US military into New Orleans to keep order, taken personal command of the National Guard and directed relief efforts on the scene from the moment the levee gave way. FEMA should have assumed direct control over all police, fire crews, EMTs and other first responders.
In other words, Liberals seem to feel that the rights and responsibilities of state and local governments can and should be taken away by the federal government in emergency situations. But that's exactly what the Constitution was designed to prevent.
More than anything else, the Founders feared an all-powerful central government dictating to the states and citizens. The United States is supposed to be a federal (web site) republic, not a centralised totalitarian government. The President has no authority to command state militia (or the modern substitute, National Guard units) without permission of the state governor to whom they report. He cannot order the evacuation of a city. He cannot simply assume command over the local and state governments. He certainly cannot send the US military to take control of a city or state except in case of insurrection. And the last thing the looters in New Orleans were doing was setting up their own secessionist government.
"Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both." - US Code, Title 18, Section 1385 (web site)
The Posse Comitatas Act of 1878 (web site) forbids the President from using the US military to enforce the law without an Act of Congress. Posse comitatus, or "all possible force," refers to the power of a sheriff to call upon every able-bodied man in his county to help apprehend a criminal. (The things you learn from watching old Westerns...) The President can not similarly use "all possible force" to enforce the law, because doing so would be equivalent to declaring martial law in the United States.
Exceptions to the law, aside from suppressing insurrections, include assisting drug enforcement agencies or during emergencies involving nuclear, chemical or biological weapons. Unfortunately (or fortunately, depending on your point of view), there is no exception for a local or state government failing to respond properly to a crisis. State and local officials failed to evacuate the citizens, declined to quell the looting and other crimes being committed, and even refused permission for the Red Cross to bring food and water to the people packed into the Superdome and Convention Center. The Red Cross explains on their web site (web site) that "The state Homeland Security Department had requested... that the American Red Cross not come back into New Orleans following the hurricane.
Our presence would keep people from evacuating and encourage others to come into the city." Without the governor's permission to act, the federal government was effectively hamstrung.
Louisiana Governor Kathy Blanco could have requested federal help, but would not sign the authorization to allow it, even after the situation had descended into total chaos. "Shortly before midnight Friday, the Bush administration sent her a proposed legal memorandum asking her to request a federal takeover of the evacuation of New Orleans," the Washington Post reported. (web site)" Target="top">(web site) "The administration sought unified control over all local police and state National Guard units reporting to the governor. Louisiana officials rejected the request after talks throughout the night, concerned that such a move would be comparable to a federal declaration of martial law." Governor Blanco decided to maintain final authority over the situation in New Orleans. With that authority comes responsibility for the results -- good or bad.
Every person who complains because the federal government did not take control of the New Orleans situation -- despite the governor's refusal to give permission -- is advocating a far more powerful federal government than we should ever want. The burden of response to local disasters rests on local elected officials while they choose to retain their authority. The federal government cannot intervene unless specifically requested to do so.
To suggest otherwise is to invite a military dictatorship.
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Joe Mariani is a computer consultant born and raised in New Jersey. He now lives in Pennsylvania, where the gun laws are less restrictive and taxes are lower. Joe always thought of himself as politically neutral until he saw how far left the left had really gone after 9/11. His essays and links to articles are available at http://www.guardianwatchblog.com/
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Note -- The opinions expressed in this column are those of the author and do not necessarily reflect the opinions, views, and/or philosophy of GOPUSA.
Well...only 13% are buying their bilge by their own count...which means of course that they (the rats and the MSM) are the only ones buying their own story, and not even all of them.
Cry to Daddy for protection and then cry at Daddy cause he doesn't want you knocked up and tatooed by 13. What a bunch of middle-schoolers..
It was the same reaction after 9-11.
I say spank them all and no dinner...Your Mother and I are going out to drill in Alaska!
Cry to Daddy for protection and then cry at Daddy cause he doesn't want you knocked up and tatooed by 13. What a bunch of middle-schoolers..
It was the same reaction after 9-11.
I say spank them all and no dinner...Your Mother and I are going out to drill in Alaska!
excellent post, thanks
Yeah, and Mother and I will repeat ourselves...woops.
has the all knowing gov made a decision yet on whether or not the water is bad? She's the last hold out. Does she have a degree in that sort of thing? If the water is that bad and has been determined by those in the medical know then they should ignore this ignoramous excuse for a leader.
The problem is, and I have been saying this over and over, is that the people in this country seem to not know how our government works. They just don't understand state's rights, nor do they intend to as long as it helps the left win elections. Amazing!
Joe nails it. The DemonRATs want federal power back, and if they have to leave tens of thousands in fetid conditions without supplies for days, with an as-yet-unknown number of them dying (and thus becoming 100%-reliable RAT votes), they couldn't care less.
---According to the critics, Bush should have immediately sent the US military into New Orleans to keep order, taken personal command of the National Guard and directed relief efforts on the scene from the moment the levee gave way. FEMA should have assumed direct control over all police, fire crews, EMTs and other first responders.---
Shockingly, many freepers called for just such measures. Thankfully this President is one who obeys the law instead of seeking ways to stretch and bend it to satisfy his political ambitions.
I was watching the Pelosi presser for a while on C-Span and it was hilarious.
She was as dim-witted as ever, and every other word out of her silly mouth was "the American people agree with me".
She represents one congressional district in one state! LOL!
And who can forget that Bill Clinton sent in Federal Marshalls to steal that little troublemaker 6 year old Elian Gonzalez who was seeking asylum and freedom in America and sent him back to Castro's hell hole where this big time liberal thought Elian would be much better living in a communist dictatorship.
Yes. Liberals to really get orgasmic over federal government takeover and are deliriously giddy in their zealous willingness to trample our magnificent Constitution.
Gosh, I bet they are just salivating over Chavez's takeover of Heinz.
I'm disgusted more and more with the left. They are intellectually incapacitated to such an extent that it brings one to wonder whether the insane asylums have been giving political science classes before sending their wards into the streets because the left certainly appears patently insane and politically rabid. Just when I believe they have reached the limits of their insanity they go one better but I am happy and content in that they will lose in 06 and then lose the Presidency again in 08. I will enjoy getting out the salt and rubbing it in with gusto.
Predictions
1. New Orleans will recover quicker than expected.
2. John Roberts will be confirmed.
3. President Bush will select another solid constitutionalist which may or may not be a women or a minority who will be confirmed.
5. The Iraqis will ratify their constitution and national security will continue to be handed over to Iraqis with the eventual draw down of troops by mid 2006.
6. Saddam will be executed regardless of the opinion of the ACLU and TV commentators. (Moveon.org may hold a wake for him)
7. Gas prices will stabilize and will not reach 4 dollars a gallon. (I predict prices of 2.50 or less before next summer)
8. The economy will continue to grow as reconstruction efforts continue in the gulf.
9. Democrats will become more and more shrill and will continue to lose elections as they continue to lose their minds.
Just like they all bitched (the ones I know) right after 9-11 that the first Bush didn't finish the job in Iraq and that's why we were attacked.
Now his son finishes the job and it's : Blood for OIL
The President has no authority to order the troops to do anything except to work in coordination with the local authorities. There has not been a federal take over no matter how much the liberals would have wanted "cowboy Bush" to do just that. If he had, there would have been an impeachment hearing rather than just the blame Bush inquiry hearings.
The MoveOn wake is truly brilliant!
One flaw,if I may be so bold,gas prices will drop well below 2 bucks a gallon before Memorial Day weekend.
FRegards! ;o)
Gas will be under $2.50 before the end of the year. Possibly even before the end of the month. They have already started to come down now that the panic has subsided.
It doesnt matter what the hacks of politics on either side of the aisle call for or accuse each other of its all just
smoke and mirrors. Liberals yearn for a Communist State where they dictate the terms and Conservatives like the pay your bribes as you go system we are under now. It should be plainly evident to all by now, that when the next disaster hits, be it a terrorist attack or so called "natural disaster", or even a financial disaster that the government at any level is going to look out for #1 and everyone else is on their own, so if you dont have a personal Civil Defense Plan you arent going to last very long.
For all President Bush's flaws,he's a decent guy,and he pulls no punches.
That drives the lefties crazy,and that is why come hell or high water,I'm sticking with him.
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