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In reply to the discussion: Millions of Angry, Armed Americans Stand Ready to Seize Power If Trump Loses in 2024 [View all]Hortensis
(58,785 posts)39. The Insurrection Act authorizes Biden to use the U.S. military to put down
uprisings, although constitutionality has never been ruled on by SCOTUS.
WaPo:
So where does the Insurrection Act stand in 2020? The statute created three separate authorities:
* The first, codified at 10 U.S.C. § 251, traces all the way back to the 1792 act and allows the president to use troops when requested by the state in which the crisis is taking place.
* The second, codified at 10 U.S.C. § 252, traces to the 1861 act and allows the president to use troops, even without a state request.
* And 10 U.S.C. § 253, derived from the 1871 act, likewise allows the president to send troops when any insurrection, domestic violence, unlawful combination, or conspiracy prevents enforcement of state laws in a manner that deprives residents of that state of their federal constitutional rights.
The statute requires the president to issue a formal proclamation before invoking any of these powers. But once he does, there is no intrinsic limit on how long he can use federal troops to enforce federal law.
The Insurrection Act may not be constitutional. Its been 28 years since a president last used federal regulars on U.S. soil for domestic law enforcement, when President George H.W. Bush sent troops into Los Angeles amid the Rodney King riots, at the request of Gov. Pete Wilson (R). Invoking the statute has also been unpopular thats why President George W. Bush refused to do so without a state request in the aftermath of Hurricane Katrina.
* The first, codified at 10 U.S.C. § 251, traces all the way back to the 1792 act and allows the president to use troops when requested by the state in which the crisis is taking place.
* The second, codified at 10 U.S.C. § 252, traces to the 1861 act and allows the president to use troops, even without a state request.
* And 10 U.S.C. § 253, derived from the 1871 act, likewise allows the president to send troops when any insurrection, domestic violence, unlawful combination, or conspiracy prevents enforcement of state laws in a manner that deprives residents of that state of their federal constitutional rights.
The statute requires the president to issue a formal proclamation before invoking any of these powers. But once he does, there is no intrinsic limit on how long he can use federal troops to enforce federal law.
The Insurrection Act may not be constitutional. Its been 28 years since a president last used federal regulars on U.S. soil for domestic law enforcement, when President George H.W. Bush sent troops into Los Angeles amid the Rodney King riots, at the request of Gov. Pete Wilson (R). Invoking the statute has also been unpopular thats why President George W. Bush refused to do so without a state request in the aftermath of Hurricane Katrina.
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Millions of Angry, Armed Americans Stand Ready to Seize Power If Trump Loses in 2024 [View all]
Roisin Ni Fiachra
Dec 2021
OP
I used to think that Trump supporters would just die off, but there's many younger and dangerous.
dem4decades
Dec 2021
#4
for 20++ years we've been saying that conservatives were an old remnant on the brink of dying off
Amishman
Dec 2021
#26
The old fiscal type Republicans have died off only to be replaced with violent, racist ones.
dem4decades
Dec 2021
#33
didn't I just read here about Some military officers concern about a divided military if Jan 6
yaesu
Dec 2021
#21
Call me naive, or just plain stupid, but just what are Democrats doing to destroy the country?
Firestorm49
Dec 2021
#6
New York State AG or the Georgia AG are our only hope at stopping Trump. The next steak could work.
sarcasmo
Dec 2021
#14
And they all seem to think that the rest of us will just stand there and let them
Blaukraut
Dec 2021
#30
And there are millions of Veterans, myself included, who stand ready to make sure...
SKKY
Dec 2021
#34