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To: samantha

I understand your reasoning here, but in a national emergency the Federal government can override state authority. If the President were to declare a state of insurrection, then he could send in federal troops without violating the law. This is an extraordinary situation, one in which the federal government has a duty to do precisely what governments are established to do, protect and defend. This is not some fascist or third-world scenario, it's a basic element of the social contract.


1,353 posted on 09/01/2005 7:32:47 PM PDT by MMkennedy
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To: MMkennedy
"If the President were to declare a state of insurrection, then he could send in federal troops without violating the law."

Excellent choice, if memory serves you just canceled all insurance in the area. If so you have just declared anyone who has any property damage in the area they will not recover any insurance funds. Imagine the economic devastation of such a decision.

1,389 posted on 09/01/2005 7:37:29 PM PDT by Mad Dawgg ("`Eddies,' said Ford, `in the space-time continuum.' `Ah,' nodded Arthur, `is he? Is he?'")
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To: MMkennedy
government has a duty to do precisely what governments are established to do, protect and defend.

"that to secure these rights governments are instituted among men...."

1,396 posted on 09/01/2005 7:38:44 PM PDT by lightman (The Office of the Keys should be exercised as some ministry needs to be exorcised.)
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To: Brad's Gramma

Deven Hull, of Charleston, S.C., armed with a shotgun, questions a motorist in Pascagoula, Miss., Thursday. Hull's family home was one of the oldest homes on Beach Boulevare. A growing number of looters have left exhausted residents frustrated.

1,397 posted on 09/01/2005 7:38:48 PM PDT by BurbankKarl (u)
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To: MMkennedy

I agree; the Mayor and Governor are clearly overwhelmed and not capable of responding effectively to this situation.


1,402 posted on 09/01/2005 7:39:12 PM PDT by Frank_2001
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To: MMkennedy

Notice the Insurrection Act has to be requested by the state governor or legislature...the President cannot enact it himself.

"The Insurrection Act (Title 10 USC, Sections 331-335). This act allows the president to use U.S. military personnel at the request of a state legislature or governor to suppress insurrections. It also allows the president to use federal troops to enforce federal laws when rebellion against the authority of the U.S. makes it impracticable to enforce the laws of the U.S. "

http://www.northcom.mil/index.cfm?fuseaction=news.factsheets&factsheet=5


1,403 posted on 09/01/2005 7:39:12 PM PDT by dawn53
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To: MMkennedy
I understand your reasoning here, but in a national emergency the Federal government can override state authority. If the President were to declare a state of insurrection, then he could send in federal troops without violating the law. This is an extraordinary situation, one in which the federal government has a duty to do precisely what governments are established to do, protect and defend. This is not some fascist or third-world scenario, it's a basic element of the social contract.

Yeah we are still waiting on the southern border for this protection and defense....

1,462 posted on 09/01/2005 7:44:48 PM PDT by rolling_stone
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To: MMkennedy

We have no legal reason to just take over a state. We are the United States, and each State has its sovereignty. If we did not have laws on the books to protect each state's legal authority then what would stop Congress or a President from invoking all kinds of nonsense to take over a State that was not on the same page as them. There is order in our Government because of these laws and it may be painful to accept,but without this system we would have chaos and anarchy. I hate it that those idiots in charge in LA fouled this all up and now wnat the Feds to clean up. I would have loved GWB on Friday to have told Blanco and the Mayor to get out of the way while we evacuate,but it is not possible.


1,787 posted on 09/01/2005 8:30:29 PM PDT by samantha (Cheer up, the adults are in charge.)
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