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Politics : A Neutral Corner -- Ignore unavailable to you. Want to Upgrade?

To: Lane3 who wrote (30)	9/10/2005 9:47:29 AM
From: Constant Reader	Respond to of 2253

I think it is conceivable that just about any President would blanche at the thought of invoking the Insurrection Act to pour troops unasked into a southern state. If we were talking about Rhode Island or North Dakota there might be less hesitancy.

To: Lane3 who wrote (30)	9/10/2005 10:32:23 AM
From: Rambi	Read Replies (1) \| Respond to of 2253

Not knowing much about the whole thing, I went and read a bit about Posse Comitatus. It has been weakened quite a bit over the past twenty odd years, and perhaps that's why Barnett sees Bush's reaction as political. The act is a statutory creation, not a constitutional prohibition. Accordingly, the act can and has been repeatedly circumvented by subsequent legislation. Since 1980, Congress and the president have significantly eroded the prohibitions of the act in order to meet a variety of law enforcement challenges. However, I noted this also: Federal military personnel may also be used pursuant to the Stafford Act, 42 U.S.C., section 5121, in times of natural disaster upon request from a state governor. In such an instance, the Stafford Act permits the president to declare a major disaster and send in military forces on an emergency basis for up to ten days to preserve life and property. While the Stafford Act authority is still subject to the criteria of active versus passive, it represents a significant exception to the Posse Comitatus Act’s underlying principle that the military is not a domestic police force auxiliary. And that the Insurrection Act also requires the request of the state leg or gov. So I;m not sure what would give a president the right to override an incompetent gov. regardless of politics. Ion and I were talking about this. How do you protect the people from incompetent local govt, if necessary in an emergency. And should the feds have that power?