Abstract
Abstract : The Insurrection Act authorizes the President to unilaterally federalize the National Guard when he finds an insurrection, domestic violence, unlawful combination, or conspiracy . . . hinders the execution of the laws . . .. During Hurricane Katrina the Department of Justice was of the opinion the authority extended beyond insurrections in the traditional since of the term, to natural disasters where a loss of public order has occurred. Despite apparent legal authority, and a desire to achieve unity of command over military forces, the President chose not to federalize the Guard over the objection of the Governor. The issue of command and control of Guard forces in major disasters resulted in an amendment to the Insurrection Act intended to clarify the President's authority. The amendment resulted in a backlash from the states which argued the amendment changed more than 100 years of well established and carefully balanced state-federal and civil-military relationships. In January 2008 the amendment was repealed, calling into question the validity of previous opinions that the President's original authority extended to natural disasters.
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