[FreedomCalls]"What source are you using for that assertation?"
[infocats] CFR TITLE 44
[infocats] "Federal authority always supercede local authority in disasters of this magnitude"
[FreedomCalls] "That is flat out wrong. Unless the governor cedes control or has it taken from her under the Insurrection act, she is in control. FEMA and the National Guard said that as long as there was one functioning New Orleans municipal policeman they were still subordinate to his authority and would do what he said."
[infocats] CFR TITLE 44 also addresses this
[infocats] CFR TITLE 44
CFR Title 44 is 619 pages long! You have to do better than that. I get the feeling that you are just making it up.
You are doing a good job trying to understand and apply Federal Law.
However, an Act of Congress (law) is a higher authority than a Federal Regulation (CFR) which is the executive branch's implementation of the law. In this case the applicable law is Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206.
There is a higher law than the Stafford Act, the Constitution, which states that the US government will only intervene upon 'application' of the state Legislature (or Executive):
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
From FEMA's website http://www.fema.gov/pdf/rrr/dec_proc.pdf
In 1988, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206, was
enacted to support State and local governments and their citizens when disasters overwhelm them. This law, as
amended, establishes a process for requesting and obtaining a Presidential disaster declaration, defines the type and
scope of assistance available from the Federal government, and sets the conditions for obtaining that assistance. The
Federal Emergency Management Agency (FEMA), now part of the Emergency Preparedness and Response
Directorate of the Department of Homeland Security, is tasked with coordinating the response.
Isn't our system of government an awesome invention? Two hundred twenty four years and counting.