NO, they don't have that "Right". but you are confusing Rights with ability.
We don't have Posse Comitatus anymore either....
President Bush has signed a directive granting extraordinary powers to the office of the president in the event of a declared national emergency, apparently without congressional approval or oversight...
It was issued with the dual designation of NSPD-51, as a National Security Presidential Directive, and HSPD-20, as a Homeland Security Presidential Directive.
The directive establishes under the office of the president a new national continuity coordinator whose job is to make plans for "National Essential Functions" of all federal, state, local, territorial and tribal governments, as well as private sector organizations to continue functioning under the president's directives in the event of a national emergency.
"Catastrophic emergency" is loosely defined as "any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions."
______________________________...
"......Section 1076 of the John Warner Defense Appropriation Act for Fiscal Year 2007 grants the president the right to commandeer federal troops or state National Guard to use them domestically. The language of that legislation allows the president to use federal troops or the National Guard in federal service in a wide range of emergencies, including natural disasters, epidemics or other public health emergencies, terrorist attacks, insurrections, or domestic violence, including conspiracies to commit domestic violence....."
NSPD-51 and HSPD-20 make no specific reference to the National Security Act under U.S.C. Title 50 or the requirement of that act that the president bring a declaration of a national emergency to Congress immediately and publish the declaration in the Federal Register.