I don't think you'll find anybody in favor of that. I believe what Torie is saying is that it is reasonable to codify situations where "martial law" is an absolute necessity. This can be done narrowly and should be left to legislators to make the call but once the call is made the CIC should execute that decision.
No, if I were Bush, I would have taken control, declared martial law or whatever was necessary, Sat am, before the storm, when Blanco failed to follow my orders immediately, and left it to the courts to sort out later. That is assuming I thought I could make a difference. I would have called the US military to find that out. If it got me impeached, fine. But of course it would not have.