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Old 09-12-2005, 08:04 PM
BCPVP BCPVP is offline
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Join Date: Jan 2005
Location: Whitewater, WI
Posts: 830
Default Re: Federal Response to Katrina FASTER than to Andrew, Hugo & Others

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So you believe Bush decided against this drastic option which would enable a faster federal response and result in lives saved because he was afaid of "howls in liberal land"?

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That's not what he said and you know it.

I guess this would be the section regarding sending troops/Guard:
Quelling Civil Disturbances: The Insurrection Act (10 U.S.C. § 331 et seq.)

* State and local governments have primary responsibility for quelling rebellions (32 C.F.R. § 215.4(a).
* The President may use the military (including the Federalized National Guard) to quell (1) civil disturbances in a State (upon the Governor's request), (2) rebellions that make it difficult to enforce Federal law, or (3) any insurrection that impedes a State's ability to protect citizens' constitutional rights and that State is unable to unwilling to protect these rights.
* Before committing U.S. troops, the President must issue a proclamation for rebellious citizens to disperse, cease, and desist.
* Some government attorneys believe that the Insurrection Act is subject to a very liberal interpretation.

I don't think Bush could even use the Insurrection Act, under these circumstances, as it's not clear to me that the tests established for invoking it would be met. But I'm not a lawyer...
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