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I'm writing a story, part of which is set within the US. The premise is that an event leaves a large number of what might be termed dangerous sites around the country, almost two thousand of them. The government wants to keep people away from these places.

Question is this. As I understand it, the law in America prevents the US army from operating within the country, is that right? So the other option would be to use the National Guard, but isn't that under the control of individual state governors? Can the President tell the governors what to do with the National Guard in an emergency situation like that, and if so what's involved?

Just looking to inject a little realism...

I believe marshal law lets the army do what ever they want...

Teaos wrote:I believe marshal law lets the army do what ever they want...

No, the marshals are tied directly to the Department of Justice. Martial law would do that, but good luck controlling the mass riots if that were ever to happen.

I honestly don't know the legal technicalities involved, GK. National Guards are tied to their states, but I'm not sure I've ever heard about the Army being disallowed to operate within the U.S. There's enough movies, etc., showing that happening, although those certainly aren't evidence of the truth; but the Corps of Engineers is an organ of the U.S. Army, and they operate within the U.S. on a regular and overwhelming basis.

GK, SoP states that whichever agency is in charge of the sites will be in charge of protecting them.

GrahamKennedy wrote:I'm writing a story, part of which is set within the US. The premise is that an event leaves a large number of what might be termed dangerous sites around the country, almost two thousand of them. The government wants to keep people away from these places.

Question is this. As I understand it, the law in America prevents the US army from operating within the country, is that right? So the other option would be to use the National Guard, but isn't that under the control of individual state governors? Can the President tell the governors what to do with the National Guard in an emergency situation like that, and if so what's involved?

Just looking to inject a little realism...

Nothing prevents the US Army from operating under orders in the United States. I am not sure where one would get this impression from. There is a law against forcing people to quarter troops in their homes. But the US military could operate in defense of Federal sites or dangerous sites under the direction of the commander in chief.

The National Guard is under the control of governors in only the most ceremonial of senses. It takes a single order to nationalize them and place them in federal service.

GrahamKennedy wrote:I'm writing a story, part of which is set within the US. The premise is that an event leaves a large number of what might be termed dangerous sites around the country, almost two thousand of them. The government wants to keep people away from these places.

Question is this. As I understand it, the law in America prevents the US army from operating within the country, is that right? So the other option would be to use the National Guard, but isn't that under the control of individual state governors? Can the President tell the governors what to do with the National Guard in an emergency situation like that, and if so what's involved?

Just looking to inject a little realism...

The National Guard, to my understanding, is under control of the Govenor's inasmuch as: when the Federal government doesn't need them the governors can use them should the need arise in their own state. As BIG said, the Federal Government can nationalize them and call them up to regular duty. I'm not sure about a law preventing the army from operating within the U.S. --i doubt it exists -- but even if it did, if the circumstances were correct (i.e. 2000ish "dangerous sites") i don't think anyone would think of that law.

Okay, thanks! I'm not sure where I got that idea from, just had a vague memory of reading somewhere that there was a constitutional protection about the army not being used against the citizens or something. Must have got it wrong.

Story is progressing nicely... 10,000 words in and going strong

GrahamKennedy wrote:Okay, thanks! I'm not sure where I got that idea from, just had a vague memory of reading somewhere that there was a constitutional protection about the army not being used against the citizens or something. Must have got it wrong.

Story is progressing nicely... 10,000 words in and going strong

The only one I can think of is that the citizens can't be forced to quarter a military. Other than that I can't think of any.

Although now that you mention it, I have a nagging feeling about something like that that we talked about in U.S. History back in 11th grade, but I have no idea what it could possibly be.

I think its more of the fact that it is political suicide to try it.

Ah, that may very well have been the discussion...

Its that our armed forces cannot act within the United States (minus on federal property) without the approval of the CiC and Congress after which the orders are then reviewed by the Supreme Court.

Which is why we don't have APCs rumbling through the city

And most bases themselves are protected by MP/SPs and Base Police Officers depending. Unless you wanna start snooping around say Area 51, in which case you may never even see who shoots you.

GrahamKennedy wrote:Okay, thanks! I'm not sure where I got that idea from, just had a vague memory of reading somewhere that there was a constitutional protection about the army not being used against the citizens or something. Must have got it wrong.

Story is progressing nicely... 10,000 words in and going strong

I'm not sure you are not thinking of the CIA, there is a law to prevent them from operating with the US, or to be totally accurate about it there is an often quoted fact in films that the CIA is not allowed to operate in the boundaries of the US.

Ahhhh, that sounds right. May well be I was thinking of that.

Are you thinking of the Posse Comitatus Act?

http://en.wikipedia.org/wiki/Posse_Comitatus_Act