@Setanta,
https://en.wikipedia.org/wiki/Insurrection_Act_of_1807
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 military 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 otherwise limits the use of the U.S. military for law enforcement within the United States.[1]
Purpose and content
The Act empowers the U.S. president to call into service the 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).
Per 10 U.S.C. § 254, the President must first issue a proclamation ordering the insurgents to immediately disperse.
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.[2]:60
In 1871, the Third Enforcement Act supplemented the Insurrection Act with a new section designed to protect African Americans from attacks by the Ku Klux Klan. The language added at that time allows the federal government to use the National Guard and armed forces to enforce the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution against the will of the state government.[2]:63-64 This section of the act (§ 253) was invoked during the Reconstruction era, and again during desegregation fights during the Civil Rights Era.[3]
Application
The Insurrection Act has been invoked infrequently throughout American history. Governors have requested and received support most recently following looting in the aftermath of Hurricane Hugo in 1989 and during the 1992 Los Angeles riots.[4][5] Presidents Eisenhower and Kennedy also invoked the act, without requests from the affected states, to enforce court-ordered desegregation.[6]
In 2006, the George W. Bush administration considered intervening in the state of Louisiana's response to Hurricane Katrina despite the refusal from its governor, but this was inconsistent with past precedent, politically difficult, and potentially unconstitutional.[2]:73-75 In response, an amendment was made to the Insurrection Act by the John Warner National Defense Authorization Act for Fiscal Year 2007 to explicitly allow any emergency hindering the enforcement of laws, regardless of state consent, to be a cause for use of the military. Bush signed this amendment into law, but some months after it was enacted, all 50 state governors issued a joint statement against it, and the changes were repealed in January 2008.[1]
On June 1, 2020, President Donald Trump threatened to invoke the Act in response to the nationwide protests following the death of George Floyd in police custody.[7][8]
Kind of an amazing state of affairs. It puts Democratic States arguing against a Republican President arguing Federal mandate.
The laws are contradictory and what happens if he gets the military to enforce what becomes military law? When this is over and we have a Democratic President and Congress we had better deal with this so it never happens again. One would think then the 10th amendment and the Posse Comitatus Act would be enough but somehow several acts interceded without a SCOTUS challenge. No active duty troops including activated National Guard should be used to resolve civil disorder short of the explicit request of the Governor involved.
I defer to your opinion on this because I really hate the idea of regular Army or activated NG patrolling my streets. REALLY REALLY HATE IT!