Originally posted by truthquest
I have not read the act but am curious about why you said the governor can call in troops "if the need arises". Is a large-scale party something
that actually requires military presence to make sure it goes smoothly? If the governor is only allowed to call out his troops based on
necessity then he may have a class action lawsuit on his hands.
Key to understanding the rationale behind this is to realize that the National Guard is not operating in a direct law enforcement capacity. They are
there to lend assistance should the need arise. In other words, you are wrong to say the military presence is there to ensure the party goes smoothly.
Rather, the military presence is there to lend a hand should the party not go smoothly. That way, instead of waiting hours for a mobilization to take
place, there is instead a contingent already mobilized and ready to act if/when the need arises.
"Necessity" is also a vague term in that different situations provide different perceptions of what necessity is. The Insurrection Act comes with a
decision-making algorithm that determines exactly when the President is allowed to step in and commit military forces on U.S. soil. The algorithm is
not entirely specific as to what constitutes an emergency, because it is impossible to make that judgment pre facto. For example, a professional event
can easily set off civil unrest. However, if sporting events are specifically mentioned as situations where the National Guard or federal forces can
be deployed, then we could see the military mobilized for every sporting event. This is absolutely unacceptable, so a high degree of vagueness is
necessary to prevent misuse of authority and resources.
When I said "if the necessity arises," know that it assumes the governor will actually conduct a proper assessment before committing National Guard
units to the incident.