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Pages:
2 pages/≈550 words
Sources:
3 Sources
Style:
APA
Subject:
Law
Type:
Coursework
Language:
English (U.S.)
Document:
MS Word
Date:
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$ 11.66
Topic:

Military Troops in Emergency Management

Coursework Instructions:

Discuss the domestic use of military troops in emergency management?
References:
Article Title Did the Founding Fathers Do a Hecuva Job - Constitutional Authorization for the Use of Federal Troops to Prevent the Loss of a Major American City - M Greenberger - BUL Rev., 2007
Law in Times of Crisis: Emergency Powers in Theory and Practice

Coursework Sample Content Preview:

Military Troops in Emergency Management
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Military Troops in Emergency Management
In recognition of the potential undesirable consequences of domestic military involvement in emergency management, the United States (U.S.) congress has a history of developing rules and regulations governing such deployments. The constitution authorizes Congress and the president to share significant control over the military and deployment decisions in emergency contexts. This is central to guiding domestic military involvement in internal law enforcement endeavors, including providing disaster relief to restore the livelihoods of the affected areas. This discussion reflects on the various regulatory frameworks laid to guide domestic military involvement in emergency management operations, including the Posse Comitatus Act (PCA), Insurrection Act, as well as the Court Warrant.
The PCA Act is a practical regulatory piece that prohibits the involvement of military personnel in domestic law enforcement exercises unless directed by the president after consultation with members of Congress. In these operation models, American military officers such as captains are not allowed to arrest a suspected criminal even if they witnessed the criminal act. The PCA Act authorizes Congress to formulate policies during an emergency to allow the military group to participate in law enforcement under the president’s directives to protect citizens’ rights and the affected state’s interests (McGrane, 2009). However, it is essential to note that military operations should not interfere with legitimate authorities of the state, like infringing civil rights as directed by the federal laws of America.
Accordingly, the Insurrection Act gives the president power to deploy military troops during an emergency to participate in domestic law enforcement operations to protect the rights of the citizen and the state sovereignty. In this context, the president can authorize military operations upon the state’s request. Also, the president can independently deploy military groups to the affected areas upon realizing the need to enforce the law to protect the state’s interests even without state consent. For example,...
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