We don't pretend to know the answer to this issue, but it once again illustrates how the left wing wants to have it both ways.
Post Katrina they complained about the inability of the Federal Government to use the military to provide aid in disaster situations. In the 1870's, in the aftermath of reconstruction, Congress passed the posse comitatus law. That law prohibits the use the Federal military (but not the non-Federalized national guard) in law enforcement until a state of insurrection is declared under the 200 year old insurrection law.
Louisiana Governor Blanco was asked by the Federal Government to declare a state of insurrection within New Orleans to allow Federal troops to be used. She refused.
In response to Katrina, Congress loosened the insurrection law. Now, Mark Udall thinks that we should go back to the old law because the new law puts too much power into the hands of the President.
As a retired Army Officer, I think he might be right. I liked the old system. It offered great protections to our democracy.
The problem is that Mark Udall and other liberals are always quick to pass laws which hobble the Federal Government and then are the most vocal in criticizing its inability to act, especially when the President is a Republican. Does anyone remember anything good being said about the fact that Federal troops weren't being used in New Orleans?
If this passes and is signed, there won't be anything good said about the failure to use troops in the next major disaster. Mark Udall will be out front in trying to place the blame somewhere else. That is what he has done in the past and what he will do again.