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In terms of the implications of the NDAA, the proposition effectively removes all decision-making power from local governments in the event of domestic disaster. The President could for example seize control of the National Guard and use it in any way he seems fit without the need to justify or articulate this need to the local authorities and governors. In other words, no consultation with or need for consent from governors is necessary before seizing control of the National Guard This removes all previously-established balance between the state and federal authority, with all authority reverting to the president.
This could result not only in confusion, but in chaos should domestic disaster occur. Especially in the light of the fact that no debate or information was divulged to the authorities directly affected by the NDAA, the implementation of the new Act would mean changing a historically effective system of integration among the state and federal authorities. The power and roles of the state authorities...
When struck by disaster, victims have the right to receive aid and essential services as soon as these can possibly reach them. Under the new law, the confusion about the roles of the various authorities involved in rescue missions would result in the slower provision of services needed in the event of a disaster. The conclusion is therefore that the NDAA is both unconstitutional and ineffective.
References
Elsea, J.K. (2005). The Use of Federal Troops for Disaster Assistance: Legal Issues. CRS Report for Congress.
Lowenberg, T. (2007). Statement Before the Senate Judiciary Committee on "The Insurrection Act Rider" and State Control of the National Guard. April 24.
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