Gunner Asch wrote:
On 14 Sep 2005 01:26:59 -0700, wrote:
Gunner Asch wrote:
On 13 Sep 2005 11:39:45 -0700, wrote:
The Federal government has, and always has had, authority to
intervene without authorization of a governor. Absent the
governor being incapacited, as by the disaster itself, that
should never be necessary for the Federal government to act
independently of or over the objection of the state government.
This time it was.
It was time to invoke the Insurrection Act?
Did Eisenhower invoke "The Insurrection Act" when he
sent Army troops to Little Rock?
Nope..they were requested by the Little Rock Mayor
"U.S. Congressman Brooks Hays and Little Rock Mayor Woodrow Mann asked
the federal government for help, first in the form of U.S. marshals.
Finally, on September 24, Mann sent a telegram to President Eisenhower
requesting troops. They were dispatched that day and the President
also federalized the entire Arkansas National Guard, taking it away
from the Governor."
Hint...the mayor asked for help to quell civil unrest...a legitimate
action. Part of the Insurrection Act.
So was that a no or a yes?
Note that Eisenhower "Federalized the ANG, taking it away from
the governor." It sounds like the Governor did not release the
guard to the Feds, any more than Celeste did when the ONG was
sent to Guatamala (for training).
Besdies, ISTR that the use of Federal Troops in Little Rock was
pro-active, to prevent, rather than quell, civil unrest.
Digressing a bit, IWSTM that the use of regular Army troops
in Little Rock violated the Posse-Comitatus (sp?) act, regardless
of who requested them. What did Ike do with the ANG troops?
But I still can't think of anything that ever prohibitted
the Feds from providing disaster relief independently of the
states. That's different from assuming law-enforcement
authority.
Finally and more to the point regardless of past authority the
National Response Plan:
http://www.dhs.gov/interweb/assetlib...RPbaseplan.pdf
clearly states that the President may (not must) act
independently of the state government. It should never
be necessary when the state government is not itself
incapacitated. Evidently this time it was necessary.
--
FF