John Warner National Defense Authorization Act


John Warner National Defense Authorization Act :

(Public Law 109-364, 120 Stat. 2083, Section 1076): “…authorizes the President to employ the armed forces to ‘restore public order and enforce the laws of the United States” during a “serious public health emergency…’”. (ACLU, Pandemic Preparedness, 2008, 31) “President Bush left no doubt as to what he thought should be done regarding this particular issue of federalism [disagreement with Governor Blanco of Louisiana on placement of incident management ultimate authority following Hurricane Katrina]. At a speech two weeks later in New Orleans and at a press conference a few days after that, the president called on Congress to give him the authority to use the military for all forms of disaster response (including natural disasters, and including local law enforcement powers) anywhere in the country anytime he deemed it necessary. He also wanted the ability to use these powers whether the governors of the affected states asked for it and agreed to it or not (Sanger, 2005) 78…. In the autumn of 2006, one of the final legislative actions of the out-going Republican-led Congress was a little-notice rider to a defense appropriations bill giving the president just the authority he had requested (P.L. 109- 364, § 1076). However, a strong negative reaction to this provision by state governors led to its repeal just over a year later (P. L. 110-181, 2008 National Defense Authorization Act, § 1068)”. (Burton, “The Constitutional Roots of All-Hazards Policy, Management, and Law,” 2008, 8)

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