Originally posted by Guest
Retired Air Force Colonel here, so I will explain the 'rules' of using military forces in relief situation.
There are two kinds of forces to consider: the National Guard who are 'dual hatted' in that they can be paid either by the state they are formed in or by the federal government. Then there are the active Forces who are paid by the federal government.
If a state calls up its National Guard units, and the STATE pays them, they are extensions of the state's authority. In that case the National Guard has the authority to arrest people. Paid by the state, they are law enforcement officers. Most Army National Guard units train for this role
If the federal government pays them they are no longer an extension of the state, they are agents of the federal government. In this case they do not have the authority to arrest. They are then considered 'active duty'.
Active duty forces have no authority in the United States, except under very limited circumstances when martial law is declared by the federal government. The last time I know of this being done on US soil was Hawaii in WWII. In the LA riots, the National Guard was federalized (without the concommitent declaration of martial law) and immediately lost all their law enforcement authority.
Only the STATE has the authority to activate the National Guard inside their STATE and pay them. This problem is so big it will require more than the Gulf states have, and that means federalising units from other states, hence the necessity to declare martial law.
Here's the problem, roughly 25% of National Guard is already deployed overseas, more are going to be used for months to get NO up and running, and it's the beginning of the hurricane season. By hurricane 2 or 3 there may be no resources left for the states to draw on. That means federalising troops which can lead to widespread martial law.