Katrina fall-out

in article , Philip S. at
wrote on 9/6/05 7:28 PM:

in article , cjcampbell
at wrote on 9/6/05 3:31 AM:



People who are not Americans may not know this, but federal troops are
actually prohibited from performing law enforcement duties.

Except when the president calls on them to do so. The first President Bush
sent the Guard, the Army and the Marines into L.A. in 1992 during the riots.
Every president has the power to do so.

Oh, and one more thing, and then I'll let the matter drop. The following
doesn't come from some liberal website--it comes from the White House:

http://www.whitehouse.gov/news/relea...0050827-1.html

"The President today [11 days ago] declared an emergency exists in the State
of Louisiana and ordered Federal aid to supplement state and local response
efforts in the parishes located in the path of Hurricane Katrina beginning
on August 26, 2005, and continuing.

The President's action authorizes the Department of Homeland Security,
Federal Emergency Management Agency (FEMA), to coordinate all disaster
relief efforts which have the purpose of alleviating the hardship and
suffering caused by the emergency on the local population, and to provide
appropriate assistance for required emergency measures, authorized under
Title V of the Stafford Act, to save lives, protect property and public
health and safety, or to lessen or avert the threat of a catastrophe in the
parishes of..."

snip list of parishes

"Specifically, FEMA is authorized to identify, mobilize, and provide at its
discretion, equipment and resources necessary to alleviate the impacts of
the emergency."

"Philip S." wrote in message
...
in article , Philip S. at
wrote on 9/6/05 7:28 PM:

in article ,
cjcampbell
at wrote on 9/6/05 3:31 AM:



People who are not Americans may not know this, but federal troops are
actually prohibited from performing law enforcement duties.

Except when the president calls on them to do so. The first President
Bush
sent the Guard, the Army and the Marines into L.A. in 1992 during the
riots.
Every president has the power to do so.

Oh, and one more thing, and then I'll let the matter drop. The following
doesn't come from some liberal website--it comes from the White House:

http://www.whitehouse.gov/news/relea...0050827-1.html

"The President today [11 days ago] declared an emergency exists in the
State
of Louisiana and ordered Federal aid to supplement state and local
response
efforts in the parishes located in the path of Hurricane Katrina beginning
on August 26, 2005, and continuing.

The President's action authorizes the Department of Homeland Security,
Federal Emergency Management Agency (FEMA), to coordinate all disaster
relief efforts which have the purpose of alleviating the hardship and
suffering caused by the emergency on the local population, and to provide
appropriate assistance for required emergency measures, authorized under
Title V of the Stafford Act, to save lives, protect property and public
health and safety, or to lessen or avert the threat of a catastrophe in
the
parishes of..."

snip list of parishes

"Specifically, FEMA is authorized to identify, mobilize, and provide at
its
discretion, equipment and resources necessary to alleviate the impacts of
the emergency."

After the fact.

Read Article 4, Section 4, CotUS.

Philip S. wrote:
in article , Philip S. at
wrote on 9/6/05 7:28 PM:

in article , cjcampbell
at wrote on 9/6/05 3:31 AM:



People who are not Americans may not know this, but federal troops are
actually prohibited from performing law enforcement duties.

Except when the president calls on them to do so. The first President Bush
sent the Guard, the Army and the Marines into L.A. in 1992 during the riots.
Every president has the power to do so.

To the contrary, military personel are prohibited from performing law
enforcement duties by the posse comitatus act of 1878.

"Whoever, except in cases and under circumstances expressly
authorized by the Constitution or Act of Congress, willfully uses any
part of the Army or the Air Force as a posse comitatus or otherwise
to execute the laws shall be fined not more than $10,000 or imprisoned
not more than two years, or both."

The Air Force was added in 1956. The Navy and Marines are included by
DoD regulation.

The cases and circumstances authorized by the Constitution or Congress
are quite limited: National Guard troops acting under the control of
states (not federal authority), military units acting to quell domestic
violence (in L.A., for example), certain support activities in the war
on drugs, use of the Judge Advocate as a prosecuter, and the Coast
Guard, which has full authorization to enforce the law.

Thus, the President may not order the National Guard to protect
property until it has been determined that a state of civil unrest is
in progress. Small scale looting, rape, murder or burglary are not
civil unrest. But the governor could have ordered the National Guard to
start enforcing the law at any time. Why didn't she?


Oh, and one more thing, and then I'll let the matter drop.

Oh, and I did not get this from some liberal website, either.

To the contrary, military personel are prohibited from performing law
enforcement duties by the posse comitatus act of 1878.

The state's National Guard, on the other hand, are not.

Okay, here is a new point of view.
Let's say that new building standards and codes are adopted before any
reconstruction can occur.
Due to hazardous waste contamination, nothing can be rebuilt until the
site is completely decontaminated.
How long is it going to take to decontaminate the affected area?
Next, insurance is going to be insufficient to rebuild new structures to
the new code. Is the federal government going to issue loans for the
difference? Or, are the owners going to have to come up with the extra
cash?
This is going to take a LONG time!

in article , cjcampbell
at wrote on 9/7/05 7:02 PM:


Philip S. wrote:
in article , Philip S. at
wrote on 9/6/05 7:28 PM:

in article , cjcampbell
at wrote on 9/6/05 3:31 AM:



People who are not Americans may not know this, but federal troops are
actually prohibited from performing law enforcement duties.

Except when the president calls on them to do so. The first President Bush
sent the Guard, the Army and the Marines into L.A. in 1992 during the riots.
Every president has the power to do so.

To the contrary, military personel are prohibited from performing law
enforcement duties by the posse comitatus act of 1878.

"Whoever, except in cases and under circumstances expressly
authorized by the Constitution or Act of Congress, willfully uses any
part of the Army or the Air Force as a posse comitatus or otherwise
to execute the laws shall be fined not more than $10,000 or imprisoned
not more than two years, or both."

The Air Force was added in 1956. The Navy and Marines are included by
DoD regulation.

The cases and circumstances authorized by the Constitution or Congress
are quite limited: National Guard troops acting under the control of
states (not federal authority), military units acting to quell domestic
violence (in L.A., for example), certain support activities in the war
on drugs, use of the Judge Advocate as a prosecuter, and the Coast
Guard, which has full authorization to enforce the law.

Thus, the President may not order the National Guard to protect
property until it has been determined that a state of civil unrest is
in progress. Small scale looting, rape, murder or burglary are not
civil unrest. But the governor could have ordered the National Guard to
start enforcing the law at any time. Why didn't she?

See my earlier post. She requested federal help, in unambiguous terms, two
days before the storm struck.


Oh, and one more thing, and then I'll let the matter drop.

Oh, and I did not get this from some liberal website, either.

Good for you. And it seems that I reneged on my earlier statement that I'd
let the matter drop.

"Philip S." wrote in message
See my earlier post. She requested federal help, in unambiguous terms, two
days before the storm struck.

What assistance did she ask for?