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Old 09-03-2005, 09:13 PM
cardcounter0 cardcounter0 is offline
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Join Date: May 2004
Posts: 1,370
Default Here is the lie of the latest Republican Talking Point

Here is the Federal Statute that would apply:

R.S.5298 provides, "Whenever by reason of unlawful obstructions, combinations or assemblages of persons, or rebellion against the authority of the United States, it shall become impracticable, in the JUDGMENT OF THE PRESIDENT, to enforce, by the ordinary laws of judicial procedure, the laws of the United States within any State or Territory, it shall be lawful for the President . to employ such part of the land and naval forces of the United States as he may deem necessary to enforce the lawful execution of the laws of the United States ."

So based on the JUDGEMENT OF THE PRESIDENT (this is kind of shakey since we are talking about Chimpy), Federal troops can be sent in for the exact situation we saw in New Orleans, without permission from anyone in the State.

There are provisions for the Legislature (or the Executive, if the Legislature is unavailable) of a State, to request Federal Troops, but it is not a requirement when the conditions of the above are met.
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