In the aftermath of the March 10th shooting spree that left 11 people dead in Samson, Ala, somebody called out Federal Troops from nearby Fort Rucker to patrol the streets of that town. No one is saying who and everyone is acting like they just don't know.
Until recently the use of the military for law enforcement would have been in violation of the "Posse Comitatus Act" but on Sept 26, 2006 the "John Warner Defense Authorization Act" and it's complimentary, "Military Commissions Act", were signed into law by G W Bush.
Regardless of Constitutionality the President now has the power to call martial law at the drop of a hat, thereby insuring that our slide towards Banana Republicanism continues from the Bush Administration without skipping a beat.
H.R.5122 SEC. 1076. USE OF THE ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.
(a) Use of the Armed Forces Authorized-
(1) IN GENERAL- Section 333 of title 10, United States Code, is amended to read as follows:
Sec. 333. Major public emergencies; interference with State and Federal law
(a) Use of Armed Forces in Major Public Emergencies- (1) The President may employ the armed forces, including the National Guard in Federal service, to--
(A) restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that--
(i) domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; and
(ii) such violence results in a condition described in paragraph (2); or
(B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition described in paragraph
Since President Obama is the only person who had the legal authority to call out the Federal Troops then it had to be him who did. It's elementary, my dear Watson. If anyone else had called out the troops the White House would be screaming bloody murder as to who usurped it's authority.
Of course this all begs the question, "If ordering the Military into the streets of America is such a good thing, then why avoid the responsibility for having done so?".