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?
Presidential authority over the NG is found in Article II, Section 2:
This power over the militia (today NG) is not absolute. Congress may prescribe certain conditions. See Article I, Section 8:
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: