Ariel (Prolotario1): NC Federal Response Overruled?

Ariel
@Prolotario1

NC – Federal Response Overruled?

What I am hearing at this moment is that North Carolina State Police will start arresting Federal employees who are objective & obstructive to aide coming from outside sources and domestic residents within the affected areas.

And for those who may question how are thru able to do this. Well it is called State Sovereignty. Something that is preserved under Common Law. All you have to do is read the 10th Amendment. Which clearly have outlines & bylines as to how assistance is rendered to disaster zones. FEMA is supposed to operate in accordance with the state. Not becoming the central authority that override local authorities on all things considered safe & effective.

State Rights do not erode under crisis or disaster scenarios where the federal government can operate with impunity and dictate how assistance is mandated while also hindering those efforts at the same time without that State also having the right to prevent overhead & overreach from imposing and exerting unauthorized authority to the detriment of said areas.

FEMA is in a pressure cooker at this time as the world is now realizing they are the sole party preventing aide from reaching the citizens of North Carolina. Now that Elon Musk has posted about how difficult it has become to implement Starlink to help bolster communications to millions of people it will become even more obvious at tomorrow’s rally.

We are in the thick of this situation with things becoming clearer earmuffs that we have a domestic terrorist organization posing as a agency who presents itself as the altruistic authority with conditions that if not met decides the fate of whether or not you deserve to live or die.

The Posse Comitatus Act plays a crucial role in defining the boundaries of federal military involvement in domestic affairs, including crisis situations like those experienced in North Carolina due to natural disasters. Here’s how this act influences federal government authority in such scenarios.

So we are in a very interesting spot at this time. Because this can definitely be invoked. Especially given what is going on in NC. And they will have no choice but to stand down.

The Posse Comitatus Act explicitly restricts the use of the Army and Air Force (and by extension, through other laws, the Navy and Marine Corps) for law enforcement activities within the United States. This means that in a crisis, the immediate deployment of active-duty military for tasks like policing, arrests, or general law enforcement is prohibited unless explicitly authorized by Congress or the Constitution. This limitation ensures that civilian law enforcement agencies remain primarily responsible for public safety, preserving the civilian-military divide.

The Act does not apply to the National Guard when it’s under state control (Title 32 status). Governors, like in North Carolina, can activate the National Guard for disaster response without violating the Act. This allows for immediate military-like assistance in rescue, relief, and logistics without federal overreach, as the National Guard operates under state command.

Important Read (Chevron Doctrine)

The Chevron Doctrine, established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984), required courts to defer to an administrative agency’s interpretation of a statute it administers if the statute is ambiguous, provided the agency’s interpretation is reasonable. This deference allowed agencies considerable leeway in interpreting laws, impacting various regulations including those related to environmental, labor, and emergency management issues.

Chevron: The Supreme Court’s decision to overturn the Chevron Doctrine means that courts will no longer automatically defer to an agency’s interpretation of a law it administers if there’s ambiguity. Instead, courts will independently interpret these ambiguities, potentially leading to significant changes in how agencies like FEMA operate.

FEMA’s actions, especially in disaster response, are primarily guided by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act). This act gives FEMA broad but defined powers in disaster situations, which do not directly rely on the Chevron deference for their legal foundation. However, how FEMA interprets and applies the Stafford Act could now be more frequently challenged in court without the previous deference.

This is where we are people. Remember when the Chevron Doctrine was overturned it put agencies like FEMA into legal questioning which can now be challenged by the state.

Source(s):
https://x.com/Prolotario1/status/1842333629646586341
https://x.com/Prolotario1/status/1842337717926920316
https://x.com/Prolotario1/status/1842339872926831038

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