The 2008 defense authorization bill now approved by conference committee and headed to Congress for passage includes a repeal of Bush’s modification to the Insurrection Act which gave him power to federalize the National Guard in emergencies. FromGovexec.com…

Meanwhile, governors also applauded the defense bill for repealing
language in the FY07 defense authorization bill that allowed the
president to federalize the National Guard during emergencies and other
domestic disasters without the consent of affected governors.

Of course the Bush administrationopposes this repeal as it “could be perceived as significantly restricting the statutory authority for the President.” In other words watch to see if the Bush administration (coughAddington) invokesunitary executive.