Quote:
Originally Posted by CaptainCrunch
Someone can correct me, but I believe that the President can send in troops without state approval under the Insurrection act, which was designed as a except for clause in Posse Comitatus. Its been used several times in modern history. What gets this around Congress blocking it, is that it's almost like its got pre-approval without the need to notify or get Congress's approval.
From my understanding what really gets this around Posse, is that the military wouldn't go in to enforce civilian law, but is there to aid civilian authority while not acting as a police force.
I don't want the military to go in anywhere, because frankly their approach to ending the state of riot would be extreme.
The only way that this could effect is if an office objects to an order as being a illegal order. If the President declared marshal law and used the Insurrection act, I don't think that a soldier or officer could refuse that order legally. However the add on would be if the Military was deployed under the insurrection act, and either the president or a superior officer order the wholesale slaughter of civilians, that would be an illegal order equaling murder.
|
My guess is if a Governor specifically refused the Military it would go to the Supreme Ct immediately and while they might uphold Federal power over States rights it would be a massive surprise from the Right Wing side of the Court, it would be like watching the 'Does not Compute' robot scene from Star Trek where strict constitutionalists on the right are asked to completely ignore the whole basis of their judicial philosophy to support what would clearly be a federal take over of the States