Insurrection Act
The
Insurrection Act is the set of laws that govern the
President of the
United States of America's ability to deploy troops within the United States to put down lawlessness,
insurrection and
rebellion. The laws are chiefly contained in
10 U.S.C. § 331 -
10 U.S.C. § 335. The general aim is to limit Presidential power as much as possible, relying on state and local governments for initial response in the event of insurrection. Coupled with the
Posse Comitatus Act, Presidential powers for
law enforcement are limited and delayed.
The Act came to the fore when President Bush appeared reluctant to deploy federal troops to
New Orleans because of restraints imposed under this Act to quash lawlessness and
looting following
Hurricane Katrina on
August 29,
2005.
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US Code
he US Code (10USC331-335) reads: § 331. Federal aid for State governments
Whenever there is an insurrections in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection.
§ 332. Use of militia and armed forces to enforce Federal authority
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 or Territory 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.
§ 333. Interference with State and Federal law
The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it—
(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.
§ 334. Proclamation to disperse
Whenever the President considers it necessary to use the militia or the armed forces under this chapter, he shall, by proclamation, immediately order the insurgents to disperse and retire peaceably to their abodes within a limited time.
§ 335. Guam and Virgin Islands included as “State”
For purposes of this chapter, the term “State” includes the unincorporated territories of Guam and the Virgin Islands.
http://en.wikipedia.org/wiki/Insurrection_Act
Hurricane Katrina is a prime example of the military being used in a law enforcement role. I'm not stating that the Army should be doing law enforcement 24/7 but that the military should take a more actibe role in American defense.
The Military should defend our borders. And when i say defend. I mean actaully patrol them with US Cumstoms & Border Protection agents. Our military is current;y deployed overseas fighting three wars.
1) War on Terror
2) Afghanistan
3) Iraq
No other nation to my knowledge deploys it's armed forces the way the USA does. I don't hear much about Germany having bases in Asia. Or Brazil haing a airbase in England. The USA is the only one with bases all around the world in foriegn countries. Most other nations have their military forces station within their borders. America is the opposite.
Our service members that are state side should take a more active role in defending this nation. I'm not saying that they aren't defending it. But I am saying that more can be done. Manpower is an issue. Hence why I mentioned conscription. That sovles that issue right there.
Also, society in general should get off their lazy and help defend this nation. The Israelis have it though, but it will come soon to the USA and other nations. trust me, it will happen.
And if we wish to keep our society free. I think we need to look to our allies and also our own past.
During WWII, the USA was truly on a war footing. It was killed or be killed in terms of how society looked at it and I think that society needs to look at the current situation like that too.
It's us or them and I'll rather it be them.