miketx
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The Insurrection Act of 1807 is a United States federal law (10 U.S.C. §§ 251–255; prior to 2016, 10 U.S.C. §§ 331–335) that empowers the president of the United States to deploy U.S. military and federalized National Guard troops within the United States in particular circumstances, such as to suppress civil disorder, insurrection and rebellion.
The act provides the "major exception" to the Posse Comitatus Act, which limits the use of military troops under federal command within the United States for law enforcement purposes.[1] The president must firstly issue a proclamation ordering the insurgents to immediately disperse (per 10 U.S.C. § 254).
Contents
The Act empowers the U.S. president to call into service the U.S. Armed Forces and the National Guard:
The 1807 Act has been modified twice. In 1861, a new section was added allowing the federal government to use the National Guard and armed forces against the will of the state government in the case of "rebellion against the authority of the government of the United States," in anticipation of continued unrest after the Civil War.[3] In 1871, the Third Enforcement Act revised this section (§ 253) to protect African Americans from attacks by the Ku Klux Klan. The language added at that time allows the federal government to use the act to enforce the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.[2]:63-64 This section of the act was invoked during the Reconstruction era, and again during desegregation fights during the Civil Rights Era.
The Insurrection Act of 1807 is a United States federal law (10 U.S.C. §§ 251–255; prior to 2016, 10 U.S.C. §§ 331–335) that empowers the president of the United States to deploy U.S. military and federalized National Guard troops within the United States in particular circumstances, such as to suppress civil disorder, insurrection and rebellion.
The act provides the "major exception" to the Posse Comitatus Act, which limits the use of military troops under federal command within the United States for law enforcement purposes.[1] The president must firstly issue a proclamation ordering the insurgents to immediately disperse (per 10 U.S.C. § 254).
Contents
- 1Purpose and content
- 2Application
- 3List of invocations of Insurrection Act
- 4References
- 5External links
The Act empowers the U.S. president to call into service the U.S. Armed Forces and the National Guard:
- when requested by a state's legislature, or governor if the legislature cannot be convened, to address an insurrection against that state (§ 251),
- to address an insurrection, in any state, which makes it impracticable to enforce the law (§ 252), or
- to address an insurrection, domestic violence, unlawful combination or conspiracy, in any state, which results in the deprivation of Constitutionally-secured rights, and where the state is unable, fails, or refuses to protect said rights (§ 253).
The 1807 Act has been modified twice. In 1861, a new section was added allowing the federal government to use the National Guard and armed forces against the will of the state government in the case of "rebellion against the authority of the government of the United States," in anticipation of continued unrest after the Civil War.[3] In 1871, the Third Enforcement Act revised this section (§ 253) to protect African Americans from attacks by the Ku Klux Klan. The language added at that time allows the federal government to use the act to enforce the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.[2]:63-64 This section of the act was invoked during the Reconstruction era, and again during desegregation fights during the Civil Rights Era.
Insurrection Act of 1807 - Wikipedia
en.wikipedia.org