About Oregon [View all]
For the last few days I've been looking into whether or not the militia could be read the riot act and whether military troops could be used to end the stand off. Most legal items refer back to common law but thanks to moves regarding handling terrorism I found this:
The Insurrection Act of 1807 is the set of laws that govern the ability of the President of the United States to deploy troops within the United States to put down lawlessness, insurrection and rebellion. The laws are chiefly contained in 10 U.S.C. §§ 331–335. 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.
On September 30, 2006, the Congress modified the Insurrection Act as part of the 2007 Defense Authorization Bill (repealed as of 2008). Section 1076 of the law changed Sec. 333 of the "Insurrection Act," and widened the President's ability to deploy troops within the United States to enforce the laws. Under this act, the President may also deploy troops as a police force during a natural disaster, epidemic, serious public health emergency, terrorist attack, or other condition, when the President determines that the authorities of the state are incapable of maintaining public order. The bill also modified Sec. 334 of the Insurrection Act, giving the President authority to order the dispersal of either insurgents or "those obstructing the enforcement of the laws." The law changed the name of the chapter from "Insurrection" to "Enforcement of the Laws to Restore Public Order."
This is from an interesting Wiki entry that includes a flow chart
https://en.wikipedia.org/wiki/Insurrection_Act
Anyhow-if they would like to bring in Seal Team 6-our President may have the authority....These boys are NOT protected by Posse Comitatus...
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