Feds Trying to Seize Military Control From States During Natural Disasters…Again!

This is not good!

A little history for everyone is in order, please bear with me:

The Posse Comitatus Act of 1878 was enacted to limit Federal Government’s use of the military for law enforcement purposes during “natural disasters.”  This was in addition to the Insurrection Act of 1807 which had set the standards based on the U.S. Constitution.

Fast forward to the aftermath of 9/11:

Signed into law in 2006, the John Warner National Defense Authorization Act for 2007 tried to circumvent the Posse Comitatus Act by inserting sections which would allow the Federal Government to take charge of National Guard troops without state governor authorization whenever “public order” has been deemed to be lost…

Of course, this didn’t set to well with the U.S. Constitution, the Insurrection Act of 1807, and the Posse Comitatus Act of 1878…

Of course, many members of Congress had not actually gotten around to reading the full text of the JWNDA Act for 2007 until well after they had voted for it and it had become law!

So, to rectify the situation, the JWNDA Act for 2008 repealed the 2007 JWNDA Act.

Now, given that little history lesson that I’ve subjected you all to,  don’t you think that Obama, Congress, the Senate, the Supreme Court, and the Military are ALL well aware of just how unconstitutional it is to take away control of the military from the State and hand it off to the Feds during an emergency?

But, given Our Dark Overlord’s propensity for Totalitarianism, little things like “Constitutional technicalities” are not going to get in his way:

Governors oppose DoD emergency powers
By Reid Wilson – The Hill
Posted: 08/10/09

A bipartisan pair of governors is opposing a new Defense Department proposal to handle natural and terrorism-related disasters, contending that a murky chain of command could lead to more problems than solutions.

Vermont Gov. Jim Douglas (R), chairman of the National Governors Association, and Vice Chairman Gov. Joe Manchin (D) of West Virginia penned a letter opposing the Pentagon proposal, which they said would hinder a state’s effort to respond to a disaster.

Current law gives governors control over National Guard forces in their own states as well as any Guard units and Defense Department personnel imported from other states.

The letter comes as the Pentagon proposes a legislative fix that would give the secretary of Defense the authority to assist in response to domestic disasters and, consequently, control over units stationed in an affected state.

“We are concerned that the legislative proposal you discuss in your letter would invite confusion on critical command and control issues, complicate interagency planning, establish stove-piped response efforts, and interfere with governors’ constitutional responsibilities to ensure the safety and security of their citizens,” Douglas and Manchin wrote to Paul Stockton, assistant secretary of Defense for Homeland Defense and America’s Security Affairs.

“One of the key lessons learned from the response to the terrorist attacks of Sept. 11, 2001, and to Hurricanes Katrina and Rita in 2005 was the need for clear chains of command to avoid duplication of effort and to ensure the most effective use of response resources,” the governors wrote.

Though the Pentagon has said the legislative fix would increase the number of Defense Department personnel available to respond to disasters, Douglas and Manchin expressed skepticism, arguing that current law already allows the Pentagon to order personnel to key areas inside the U.S.

A similar fix was removed from the Defense Department appropriation measure in conference committee for fiscal 2009.

A Pentagon spokesman did not immediately return a phone call seeking comment.

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