State first...Feds second...It's the law folks...

Discussion in 'Law and Justice System' started by Mr. P, Sep 6, 2005.

  1. Mr. P
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    Mr. P Senior Member

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    This is a complex act (LAW), but I found that for the most part the STATE must ask for the help that folks a saying didn't come until....
    There's a reason for that..it wasn't "BY LAW' asked for.

    http://www.fema.gov/library/stafact.shtm#sec401
     
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  2. dilloduck
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    dilloduck Diamond Member

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    good find Mr. P --too bad the rule of law gets ignored in deferance to the rule of emotion and the rule of politics.
     
  3. CSM
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    CSM Senior Member

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    If the current administration had sent troops, aid, etc without being asked, you can bet your last penny the dems would be screaming about Bush's illegal deployment of troops and distribution of national assets.
     
  4. dilloduck
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    dilloduck Diamond Member

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    yup--no way Bush could win this one---remember all the whining when the feds try to "interfere" with the Schaivo case? It's the unfortunate truth about our country today. A deep division of Americans that goes beyond the arguments both sides use to blast each other with.
     
  5. Mr. P
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    Mr. P Senior Member

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    Oh yeah, and the "BUSH IS A NAZI, HE's USING THE MILITARY TO TAKEOVER LA" signs, would have been everywhere. :rolleyes:
     
  6. dmp
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    dmp Senior Member

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    It's starting to look like Louisiana needs Regime Change, too!
     
  7. dilloduck
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    dilloduck Diamond Member

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    Govenor Bill Clinton of Louisianna --former first black president of the United States !
    Perfect !!!
     
  8. archangel
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    archangel Guest

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    Yes....under Constitutional Law....as it relates to New Orleans...

    [foot note204] 287 U.S. 378(1932) " The nature of the power also necessarily implies that there is a permitted range of honest judgment as to the measures to be taken in meeting force with force,in supressing violence and restoring order,for without such liberty to make immediate decisions,the power itself would be usless.Such measures,conceived in good faith,in the face of emergency and directly related to the quelling of the disorder or the prevention of it's continuance,fall within the discretion of the Executive in the exercise of his authority to maintain the peace"Id,399-400


    Since the Governor of Louisianna asked fema for assistance...GW Bush can at his discretion implement "Martial Law" with or without her conscent! He was being polite to allow her the additional 24hrs!
     
  9. speederdoc
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    speederdoc Member

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    If people are going to sit in their attic and wait for the federal government to come rescue them, they should expect to wait a long time. That isn't how real life works, and it isn't how it SHOULD work.

    You are first responsible for your own destiny. Deal with it. If you need assistance, you might look to your friends and neighbors first, who I expect you might have helped in the past one way or another yourself, or at least built up a good relationship with over the years.

    If those first-line rescuers are themselves unavailable or incapacitated, the next level of assistance is the local government, whose primary duty is to keep the peace, protect property, and clear the roads. If they can find time to help you personally, that would be a bonus. The next stage is the state government. They are responsible for organizing the relief effort, distributing state and federal assistance money, and perhaps arranging National Guard assistance if needed.

    The federal government should be responsible for maintaining the National Weather Service so that adequate warning may be given to those at risk, providing federal highway funds so that the state can maintain evacuation routes, and declaring disaster areas that should receive additional federal funds. Note that all of these things were done PRIOR to landfall of Katrina, in what to my knowledge is an unprecedented display of leadership and foresight by our president.

    Of course they may also provide emergency relief via FEMA, and by requesting other states' Guardsmen to get involved, but these are tertiary relief efforts. The primary relief from disasters like this must occur at the local and state levels. Unfortunately, the worst-hit area happened to be among the most ill-prepared, corrupt, and least-effective state and local governments in the country. But to blame the federal government for the problems with this relief effort is ridiculous.
     
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  10. dilloduck
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    dilloduck Diamond Member

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    I strongly agree--There is now another hurricane headed for the gulf----ask ANY mayor or govenor if they would like the feds come into thier city right NOW and run things for them.
     

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