Kennedy invoking the Act in opposition to the affected states' political leaders to enforce court-ordered desegregation. Later in the 20th century, it was used to enforce federally mandated desegregation, with Presidents Dwight D. In the late 19th and early 20th centuries, it was invoked during labor conflicts. In the 19th century, it was invoked during conflicts with Native Americans. The Insurrection Act has been invoked throughout American history. Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion. §252: "Use of militia and armed forces to enforce Federal authority" currently reads: In 2016, Public Law 114-328 was amended to include Guam and the US Virgin Islands under Ch. The chief clause of the Insurrection Act, in its original 1807 wording (since updated to modern legal English), reads: Īn Act authorizing the employment of the land and naval forces of the United States, in cases of insurrectionsīe it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases of insurrection, or obstruction to the laws, either of the United States, or of any individual state or territory, where it is lawful for the President of the United States to call forth the militia for the purpose of suppressing such insurrection, or of causing the laws to be duly executed, it shall be lawful for him to employ, for the same purposes, such part of the land or naval force of the United States, as shall be judged necessary, having first observed all the pre-requisites of the law in that respect. : 63–64 This section of the act was invoked during the Reconstruction era, and again during desegregation fights during the Civil Rights Era. 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. In 1871, the Third Enforcement Act revised this section ( § 253) to protect Black Americans from attacks by the Ku Klux Klan. 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. : 60 The Act did not provide a criminal penalty for insurrection, which was instead introduced by the Confiscation Act of 1862. The 1807 Act replaced the earlier Calling Forth Act of 1792, which had allowed for federalization of state militias, with similar language that allowed either for federalization of state militias or use of the regular armed forces in the case of rebellion against a state government. 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).to address an insurrection, in any state, which makes it impracticable to enforce the law ( § 252), or.when requested by a state's legislature, or governor if the legislature cannot be convened, to address an insurrection against that state ( § 251),. Defense Department guidelines describe "homeland defense" as a "constitutional exception" to Posse Comitatus restriction, meaning that measures necessary to guarantee National Security from external threats are not subject to the same limitations. There are Constitutional exceptions to Posse Comitatus restrictions rooted in the President's own constitutional authority. As part of the Posse Comitatus Act of 1878, these provisions are now codified as amended. § 254 requires the President to first publish a proclamation ordering the insurgents to disperse. īefore invoking the powers under the Act, 10 U.S.C. The act provides a "statutory exception" to the Posse Comitatus Act of 1878, which limits the use of military personnel under federal command for law enforcement purposes within the United States. military and federalized National Guard troops within the United States in particular circumstances, such as to suppress civil disorder, insurrection, or rebellion. The Insurrection Act of 1807 is a United States federal law that empowers the President of the United States to deploy U.S.
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