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Federalism

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2009

Michael Greenberger

Articles 1 - 2 of 2

Full-Text Articles in Law

Yes, Virginia: The President Can Deploy Federal Troops To Prevent The Loss Of A Major American City From A Devastating Natural Catastrophe, Michael Greenberger Dec 2009

Yes, Virginia: The President Can Deploy Federal Troops To Prevent The Loss Of A Major American City From A Devastating Natural Catastrophe, Michael Greenberger

Michael Greenberger

As a direct response to the lackadaisical and much criticized federal handling of Hurricane Katrina, a critical provision within the Fiscal Year 2007 Defense Authorization Act amended in October 2006 the Insurrection Act to allow the President to deploy Federal troops to respond to catastrophic natural disasters and other major domestic emergencies without a prior request from affected state or local governments. This amendment was passed over universal and bipartisan opposition by the Nation's governors, all of whom claimed that this provision upends the delicate balance between Federal and state responsibilities for responding to natural disasters. In fact, this amendment …


False Conflict: Who's In Charge Of National Public Health Catastrophes, Michael Greenberger Dec 2009

False Conflict: Who's In Charge Of National Public Health Catastrophes, Michael Greenberger

Michael Greenberger

Hurricane Katrina renewed an old debate concerning which level of government should lead the response effort to catastrophic disasters. Traditionally, emergency response is handled at the most local level possible. The National Response Plan (NRP) adheres to this tenet, while providing for extensive coordination between the federal government and states and localities, if necessary. In doing so, the NRP provides procedures to ensure that federal assets may be brought to bear, without stomping on the nation's time honored commitment to the principles of federalism.