Posted: 12/7/2010 1:17:54 PM EDT
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Suppose a lawful civilian authority declares a quarantine on an area to control and outbreak. Now suppose a military officer orders a subordinate to break that quarantine, AGAINST the wishes of the civilian authority who declared the quarantine. Is the order to break the quarantine a lawful order? |
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Suppose a lawful civilian authority declares a quarantine on an area to control and outbreak. Now suppose a military officer orders a subordinate to break that quarantine, AGAINST the wishes of the civilian authority who declared the quarantine. Is the order to break the quarantine a lawful order? Federal>state, is how I think it plays out. |
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Quoted: Quoted: Suppose a lawful civilian authority declares a quarantine on an area to control and outbreak. Now suppose a military officer orders a subordinate to break that quarantine, AGAINST the wishes of the civilian authority who declared the quarantine. Is the order to break the quarantine a lawful order? Federal>state, is how I think it plays out. For laws, but what about military power being subordinate to the civilian authority? If the President orders a military unit to go to Kentucky say, and assist with the quarantine wouldn't that military unit then be subordinate to the Governor of Kentucky for matters regarding the quarantine? If the officer is from the Kentucky National Guard, then wouldn't he be subordinate to the Governor of Kentucky in all matters? |
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IIRC I do not believe it is a lawful order unless martial law is in place. Yup. Being in the military does not give you carte blanche to ignore local/state laws. I can't order my Soldiers to drive faster than the speed limit or break state enviornmental regulations, for example. |
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Suppose a lawful civilian authority declares a quarantine on an area to control and outbreak. Now suppose a military officer orders a subordinate to break that quarantine, AGAINST the wishes of the civilian authority who declared the quarantine. Is the order to break the quarantine a lawful order? Federal>state, is how I think it plays out. For laws, but what about military power being subordinate to the civilian authority? If the President orders a military unit to go to Kentucky say, and assist with the quarantine wouldn't that military unit then be subordinate to the Governor of Kentucky for matters regarding the quarantine? If the officer is from the Kentucky National Guard, then wouldn't he be subordinate to the Governor of Kentucky in all matters? I think that if the government declares martial law then the military is now in control, as the other posted stated. Certainly a good question. I know that the kentucky gov. would control the national guard troops, but I don't believe he would control the federal troops being put in place. |
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Suppose a lawful civilian authority declares a quarantine on an area to control and outbreak. Now suppose a military officer orders a subordinate to break that quarantine, AGAINST the wishes of the civilian authority who declared the quarantine. Is the order to break the quarantine a lawful order? Federal>state, is how I think it plays out. For laws, but what about military power being subordinate to the civilian authority? If the President orders a military unit to go to Kentucky say, and assist with the quarantine wouldn't that military unit then be subordinate to the Governor of Kentucky for matters regarding the quarantine? That depends on what they were ordered to do., it could go either way. If the officer is from the Kentucky National Guard, then wouldn't he be subordinate to the Governor of Kentucky in all matters? Until he is called into active Federal service, yes. NG falls under state authority until that time. |