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10/20/2017 1:01:18 AM
9/22/2017 12:11:25 AM
Posted: 9/8/2005 5:31:46 AM EDT
I heard on the radio the other day that the President of the US does not have the power to send in federal troops into a state unless called upon. I am looking for this passage to rebuke some of the nonsense that these liberal idiots are spouting out about how GWB should've raised patton from teh dead and sent him in there. I can't find this clause anywhere that give teh president that power to send in the troops.

Anyone know what Atricle it is?
Link Posted: 9/8/2005 7:36:39 AM EDT
[Last Edit: 9/8/2005 7:45:45 AM EDT by PAEBR332]
Presidential authority over the NG is found in Article II, Section 2:

The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States...

This power over the militia (today NG) is not absolute. Congress may prescribe certain conditions. See Article I, Section 8:

To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States...

The actual law that controls how and when the Guard is called up in emergencies is the The National Defense Act of 1916. There are also limits set out in the Posse Comitatus Act of 1878. One of the specific limits is that troops cannot enter the state to enforce the laws UNLESS REQUESTED BY THE GOVERNOR.

The specific US Code section on how disasters are declared is 42 USC5170. It quite clearly states that only the GOVERNOR can declare such a state of emergency:

All requests for a declaration by the President that a major
disaster exists shall be made by the Governor of the affected State.
Such a request shall be based on a finding that the disaster is of such
severity and magnitude that effective response is beyond the
capabilities of the State and the affected local governments and that
Federal assistance is necessary. As part of such request, and as a
prerequisite to major disaster assistance under this chapter, the
Governor shall take appropriate response action under State law and
direct execution of the State's emergency plan.
The Governor shall
furnish information on the nature and amount of State and local
resources which have been or will be committed to alleviating the
results of the disaster, and shall certify that, for the current
disaster, State and local government obligations and expenditures (of
which State commitments must be a significant proportion) will comply
with all applicable cost-sharing requirements of this chapter. Based on
the request of a Governor under this section, the President may declare
under this chapter that a major disaster or emergency exists.

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