Congress snuck a law past us that gives the president near-dictatorial powers during a self-declared emergency. Bush signed it the same day as the The United States Military Commissions Act of 2006, when everyone's attention was focused on "torture" and not this egregious power grab. Here's some info:
Governors lose in power struggle over National GuardA little-noticed change in federal law packs an important change in who is in charge the next time a state is devastated by a disaster such as Hurricane Katrina.
To the dismay of the nation’s governors, the White House now will be empowered to go over a governor’s head and call up National Guard troops to aid a state in time of natural disasters or other public emergencies. Up to now, governors were the sole commanders in chief of citizen soldiers in local Guard units during emergencies within the state.
A conflict over who should control Guard units arose in the days after Hurricane Katrina in 2005. President Bush sought to federalize control of Guardsmen in Louisiana in the chaos after the hurricane, but Gov. Kathleen Blanco (D) refused to relinquish command.
Over objections from all 50 governors, Congress in October tweaked the 200-year-old Insurrection Act to empower the hand of the president in future stateside emergencies.
more:
http://www.stateline.org/live/details/story?contentId=170453More on the John Warner National Defense Authorization Act of 2007:
§ 333. Major public emergencies; interference with State and
Federal law
(a) USE OF ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.—
(1) The President may employ the armed forces, including the
National Guard in Federal service, to—
(A) restore public order and enforce the laws of the United
States when, as a result of a natural disaster, epidemic, or
other serious public health emergency, terrorist attack or
incident, or other condition in any State or possession of the
United States, the President determines that
(i) domestic violence has occurred to such an extent
that the constituted authorities of the State or possession
are incapable of maintaining public order; and
(ii) such violence results in a condition described in
paragraph (2); or
(B) suppress, in a State, any insurrection, domestic
violence, unlawful combination, or conspiracy if such insurrection,
violation, combination, or conspiracy results in a condition
described in paragraph (2).link:
http://www.wesawthat.blogspot.com/2006/11/hr-5122-john-warner-national-defense.htmlNote that the decision whether to invoke the unprecedented powers in the act rests solely with the president.
If Gustav hits N.O., it should be interesting to see how this plays out.