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 )
When you post crap like this as your first post, you might be making two posts, i.e. first and last. You have no idea what you said and neither do I.
The light may be on, but ain't nobody home.
Oooops, I just saw that you never made it out of the chute. bye bye
Wrong. It was 1962 and the University of Mississippi. I was there as a freshman.
Also at the University of Alabama in 1963. Wallace blocked the entrance and was ordered to move aside by a federalized officer of the Alabama National Guard.
Kennedy could do it because the militia was called upon to enforce the laws of the United States:
USC 10 Section 333 Interference with State and Federal law
The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it -(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.
Kennedy called the Alabama National Guard into active service by Executive Order.
EX. ORD. NO. 11111 (June 1963) and 11118 (September 1963). ASSISTANCE FOR REMOVAL OF UNLAWFUL OBSTRUCTIONS OF JUSTICE IN THE STATE OF ALABAMA
If one googles knowyourenemy DO NOT CLICK ON knowyourenemy.com, it's a redirect site to porn.
Now, that's a helluva note......
.........figures.
And since that's the case, I think Bush should declare an emergency in the city of San Francisco (there could be an earthquake any minute you know) and start forcibly evacuating the residents to gulags in the midwest for re-education.
It's all OK under the stafford act right?
We can teach them how evidence is required before opinions become facts, and how empowering the government to make choices doesn't increase the freedom of the people who were forced to give up that choice.
We can teach them how marxism is a silly pipe dream that has killed over 100 million people, and how you can't have 'justice' by taking from one person and giving to another simply because you feel like it.
Then while we're at it, maybe we can teach them how this whole rule of law works... my guess is that they'll be surprised.
today San Francisco,...tomorrow the world!
LOL! The alarm bells should have gone off in their head, when they realized they 'discovered' something that the finest constitutional scholars in the land had missed.
I just got done reading...Looking at the funny pictures the words make while you are on the brown acid does not count as "reading".
-Eric
ROTFLMAO...
Kitty with an Uzi... fabulous!
See the link on Post 40 or Google "Emeny."
Love that cat
This flyspeck just didn't have the staying power it had earlier in the week.
(Sigh) Another virtually impenetrable voice of gibberish, born of historical ignorance, screwed-up by the public school system, thinking he can exert his looney influence on the course of world events, reveals his pitiful dearth of ideas and, sadly, his inevitable end as a bitter, wasted soul confined to the bureaucracy of a (take your pick), a) government job, b) university job, c) Democrat tabloid in the dying inner city. (I could go on for hours.)
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