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Saturday, September 03, 2005
The power of the county

Like most people in the world who are not hard-hearted, I have been moved to tears by the images of destruction and suffering in New Orleans. Despite the ambivalent attitude most Canadians have regarding the United States, I am the descendant of Loyalists who lived 150 years in New England prior to the Revolution. I am also the descendant of settlers in New France - the same stock from whom the Cajun people and culture of Louisiana are drawn. After making an online donation to the American Red Cross, I began to consider the ramifications of this event.

The physical and financial fallout are always the first to become fodder for the ruminations, but I am a political scientist and activist. Naturally, my orientation is toward such esoteric questions.

It is not ironic that amid the destruction of the American South, the end of the current political order in Washington will end. What is ironic is that it is not the destruction wrought by Hurricane Katrina that I speak of, but the destruction wrought by war over a century ago. That is, quite possibly, the undoing of the Presidency of George W. Bush was planted in 1878.

The title of this post, "The power of the county," is a rough translation of a Latin phrase that, I believe, Americans will become as familiar with as Monica Lewinsky, blue dresses, or taped phone calls - Posse Comitatus.

In the aftermath of the Civil War, the US Army occupied much of the former Confederacy in order to stabilize the region. It was, of course, not without its controversies. Beyond the sheer cost of maintaining such a large mobilization, many argued that reintegration into the Union would be held back. Those in the south legitimately concerned about "carpetbaggers" and others with less noble motives regarding newly emancipated slaves, found voice under the rubric of "States Rights."

In 1878, the Posse Comitatus Act was passed, with the effect of placing a wall between the federal government and deployments within the United States. Simply put, Posse Comitatus prevented the President from deploying US forces in any state without the explicit consent and request of the Governor. Natural disasters, riots and the like were the domain of the states, meaning the deployment of National Guard troops by command of the Governor.

So why is this important today? Plainly put, it has already been intimated by Homeland Security Secretary Michael Chertoff and others that the 4 day delay in federal action in New Orleans was due to the constraints of Posse Comitatus.

This naturally creates the question of whether you believe Louisiana Governor Kathleen Blanco did, or did not, make a clear and formal request early on. Complications to this include the fact that Governor Blanco and New Orleans Mayor Nagin are not of the President's political party, that up to 1/3 of the National Guard troops from those affected states were deployed to Iraq by the federal government, and that poor African-Americans seem to suffer disproportionately to others.

America returns to the polls in 2006 for midterm elections - including the entire House of Representatives and one-third of the Senate. For this political prognosticator, it is not impossible to see a resurgent Democratic party - benefitting from anger over this tragedy, and the protracted action in Iraq - take control of both houses of Congress.

Should this come to pass, all Americans will become very familiar with Posse Comitatus. A bill passed to heal the rift in a war against the states will become the weapon of choice in the new war between the parties over control of the White House

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