🚀 go-pugleaf

Kurtz wrote:
> <wrcowan1@hal-pc.org> wrote in message
> news:4323ad10$0$10631$a726171b@news.hal-pc.org...
> 
>>
>>Chris wrote:
>>
>>><wrcowan1@hal-pc.org> wrote in message
>>>news:4322710f$0$10625$a726171b@news.hal-pc.org...
>>>
>>>
>>>>Chris wrote:
>>>>
>>>>
>>>>>Well considering that now the federal gubment is saying the locals were
>>>>>under water and overwhelmed themselves and they could not handle the
>>>>>evacuation....makes you wonder why they didn't step in if they knew
>>>
>>>this.
>>>
>>>
>>>>FIrst reason is the law.  The Federal Government can not just take over.
>>>
>>>
>>>Not according to the homeland securitydepartment...
>>>
>>
>>Read the law on Homeland security, FEMA and the National Guard.  You
>>will clearly see that they can not just come and take over.
>>
>>
>>>>  The Constitution and USC stand in the way.  Inorder to have done it
>>>>was to declare insurrection (which is not was going on in Lousiana).  If
>>>>that was done then the Feds would have controlled the National Guard and
>>>>Federal Troops could step in.  The Second reason is reality.
>>>>Insurrection was last declared during the King Riots of the 1990's but
>>>>that was only after The Govenor of California agreed to have it done.
>>>>It has been a rarely used act  If it were done what do you think the
>>>>headlines would be if a govenor was pushed aside by force and troops
>>>>descending on a majority Black city?
>>>>
>>>>MRC
>>>
>>>
>>>Only two dead in NO?
>>
>>And your point?  YOu have failed to address the Constitutional issues
>>and well as the issues of the USC.
> 
> 
> Heryago, dude. From Slalte ( or go goole it up and start readin' instead of
> covering their ass....
> On Tuesday reports began circulating that New Orleans officials had put the
> flood-ravaged city under martial law. The attorney general's office of
> Louisiana quickly issued a denial. Confusion persisted, however, after White
> House press secretary Scott McClellan told a group of journalists on
> Wednesday that "martial law has been declared in Mississippi and Louisiana."
> Yesterday National Guard Lt. Gen H. Steven Blum sought to set the record
> straight, saying, "This is not, as it has been erroneously reported, martial
> law." What is martial law? And who can declare it?
> Martial law occurs when the military assumes police powers because local
> authorities and courts aren't functioning. Although the president usually
> imposes martial law, federal regulation allows for a "local commander" to do
> so "on the spot, if the circumstances demand immediate action." Federal
> armed forces are expected to relinquish these powers as soon as the local
> government is once again operable. During martial law, the military may
> arrest and try civilians, seize private property, and institute curfews,
> among other emergency powers.
> 
> In practice, however, martial law has been all but barred since the late
> 19th century. During the Civil War, President Lincoln suspended habeas
> corpus and set up military courts in several states in the South and
> Midwest. Many at the time felt that Lincoln had superseded his authority,
> and in 1878 Congress passed the Posse Comitatus Act, which forbids the
> military from performing civilian law enforcement without congressional
> approval.
> 
> 
> 
> Well?


Well, what?  It is a nice acticle but USC allow for the use of federal 
troop to aid the states.  Congressional approval was given for Federal 
troops to be used in law keeping nature under the insurrection code. 
Thus Martial Law can be used.  Whether a Govenor declares it or not is 
not relevant because it has no bering on Federal rules or actions.

MRC