Is this legal? US military sends warships, aircraft to Texas

[spanone]

Washington (CNN)With floodwaters from Tropical Storm Harvey swallowing entire Texas cities, the US military is mobilizing its resources from states across the country to help local law enforcement and civilian volunteers in the rescue effort.

Texas Gov. Greg Abbott has activated the entire Texas National Guard, which is made up of roughly 12,000 troops.

State, local and military rescue units have plucked thousands of stranded residents from the water and deluged homes.

On Sunday, the Defense Department and Abbott agreed to establish a "dual-status command" that would allow a single commander for both federal and state forces overseeing and coordinating the response efforts.

http://www.cnn.com/2017/08/30/politics/texas-harvey-flooding-military-response/index.html

[Brother Buzz]

1. Yes, as long as the governor remains in the command loop

[spanone]

8. thank you all for these answers.

[RandySF]

2. U.S. military can help with relief, but not law enforcement

[Brother Buzz]

4. The military can help with law enforcement if the governor is in command

At least that's my interpretation to the latest changes to that Posse Comitatus Act thingy

[RandySF]

7. Are you talking about the national guard?

[Brother Buzz]

12. Both

The Texas National Guard is already under his control, and the US military commanders would be tasked to him, and they would lead the troops. At least that's my understanding.

[33taw]

3. I am not a legal expert, but I believe if the local or state governments agree it is.

The state would probably want to maintain control.

[True Dough]

5. Anyone else surprised

That the entire Texas National Guard only comprises 12,000 troops? I would have figured 20,000 minimum. 50,000 wouldn't have surprised me.

[Massacure]

18. I think their figure is off

The most recent figure I could find was 18,600 in the Texas Army National Guard and 3,286 in the Texas Air National Guard as of May 31, 2016.

http://www.governing.com/gov-data/military-civilian-active-duty-employee-workforce-numbers-by-state.html

[appleannie1943]

6. If they use them to assist in rescue and provide shelter and meals, yes.

Ships can feed and house a lot of people. Troop planes can fly a lot of people to other cities that have facilities for people. Realistically, there are a lot of homes that probably will not be livable.

[mwooldri]

9. Why shouldn't it be legal?

The military would want to help out if they can and where they can. Civilian services are way overstretched so as long as there is a civilian chain of command it is right that the US armed forces help out via the State National Guard.

Other countries have their military pitch in during times like these. It's just the right thing to do.

[Xipe Totec]

16. I think the reference here is to the Posse Comitatus Act of 1878

Military actions in the Reconstruction South, resulted in the Posse Comitatus Act of 1878, 18 U.S.C.S 1385. The Act, a criminal statute, prohibits the use of the military to enforce civilian laws. Exceptions are made for actions specifically authorized by the Constitution or acts of Congress.

[Pope George Ringo II]

10. The USS Lexington provided power to Tacoma for a month or so in 1929.

Humanitarian aid is pretty well established.

[ghostsinthemachine]

11. The Government is invading Texas!

Stupid Government!

[LonePirate]

14. And the deplorables thought this would happen with Obama in the White House!

[ghostsinthemachine]

19. Maybe Obama planned the whole Harvey thing

In order to invade and take over. All the mosques were open and that can't be a coincidence. Korans for EVERYONE!

[sarisataka]

13. Yes it is,

The participation must be cleared through Washington but they can be temporarily assigned to a state level command.

During my time I received a humanitarian service award for assisting in flooding in the Red River Valley around Fargo-Moorhead. Our unit was deployed to help Minnesota and North Dakota. Being Federal we were more flexible than National Guard as we could cross over and work in either state whereas the guard units were limited to their home state.

We were again slated to be deployed to New Orleans for Katrina but we question parts of the operational orders which appeared to violate Posse Comitatus. I don't know if that was the reason but we never were sent to Louisiana.

[spanone]

15. thank you.

[AngryAmish]

17. Only illegal if they open fire.

Need an act of Congress to declare war on Texas.

Leave it up to the lads if declaring war against Texas is a good idea.

[riversedge]

20. gen Honore came during Katrina. He was a life saver. Glad the military is finally

getting involved. Harvey is just to big. too prolonged for locals and state to handle. Volunteers and police are getting tired.