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SVTPerformance's Chain of Restaurants
Road Side Pub
The Chow Hall
Military personnel, who would you side with?
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<blockquote data-quote="cobra_mer" data-source="post: 12677953" data-attributes="member: 116312"><p>Here are the U.S.C governing the Insurrection Act of 1807. The power to use the Act is very limited and the president cant just make this decision on his own. </p><p></p><p>The Insurrection Act of 1807 is the set of laws that govern the US President'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.</p><p></p><p>10 U.S.C. § 331</p><p>Whenever there is an insurrections in any State against its government, the President may, <strong>upon the request of its legislature or of its governor if the legislature cannot be convened,</strong> 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</p><p></p><p>10 U.S.C. § 331</p><p>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. </p><p></p><p>10 U.S.C. § 333</p><p>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—</p><p>(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</p><p>(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.</p><p>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.</p><p></p><p></p><p>10 U.S.C. § 334</p><p>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. </p><p></p><p>10 U.S.C. § 335</p><p>For purposes of this chapter, the term “State” includes Guam and the Virgin Islands.</p></blockquote><p></p>
[QUOTE="cobra_mer, post: 12677953, member: 116312"] Here are the U.S.C governing the Insurrection Act of 1807. The power to use the Act is very limited and the president cant just make this decision on his own. The Insurrection Act of 1807 is the set of laws that govern the US President'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. 10 U.S.C. § 331 Whenever there is an insurrections in any State against its government, the President may, [B]upon the request of its legislature or of its governor if the legislature cannot be convened,[/B] 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 10 U.S.C. § 331 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. 10 U.S.C. § 333 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. 10 U.S.C. § 334 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. 10 U.S.C. § 335 For purposes of this chapter, the term “State” includes Guam and the Virgin Islands. [/QUOTE]
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