Insurrection Act

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The Insurrection Act is a federal law of the United States of America dating from 1807. Exceptionally, it gives the US President the power to use the National Guard and Army troops or naval units within the United States to combat insurgency .

".... in all cases of insurrection, or obstruction to the laws, either of the United States, or of any individual state or territory, where it is lawful for the President of the United States to call forth the militia for the purpose of suppressing such insurrection, or of causing the laws to be duly executed, it shall be lawful for him ... "

The law was intended to limit the powers of the president in the use of troops for the benefit of local authorities and lawmakers and was passed by the 9th Congress . It is about responding to a request from a state government to put down a revolt against that government.

Under the Posse Comitatus Act (PCA), military use is strictly prohibited within the United States.

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The Militia Acts of 1792 allowed the US President to use militia to suppress rebellions. After a previous regulation from 1803, the Insurrection Act of 1807 allowed the use of armed forces in the interior of the USA in addition to the use of vigilante groups. The current regulation is in the United States Code - Title 10 Armed Forces (10 USC §§ 331 - 335).

After the devastating Hurricane Katrina in 2005, the Insurrection Act was extended in October 2006 to include the use of military forces in natural disasters, terrorist attacks, epidemics and other national emergencies.

The individual powers of the armed forces based on the Insurrection Act and its relationship to martial law are constitutionally disputed. It is also controversial under what conditions the president may invoke the Insurrection Act, in particular the question of a possible abuse of power to suppress legitimate protests.

use cases

The law was used to justify the declaration of war against the southern states . It was also used in the event of looting following various disasters , such as after Hurricane Hugo in 1989 and during the 1992 Los Angeles riots . The announcement by President Donald Trump in early June 2020 that he would apply the law because of protests following the death of George Floyd was controversial .

Individual evidence

  1. ^ Insurrection Act, 1807
  2. ↑ Anjana Shrivastava: America discusses the imposition of martial law. In: berliner-zeitung.de. April 6, 2020, accessed June 2, 2020 .
  3. ↑ Danielle Crockett: The Insurrection Act and Executive Power to Respond with Force to Natural Disasters Berkley Law , no year, p. 7 ff. (English).
  4. ↑ 10 USC §§ 331-335. Retrieved June 6, 2020.
  5. ^ Thaddeus Hoffmeister: An Insurrection Act for the Twenty-First Century Stetson Law Review 2010, pp. 861-924 (English).
  6. ↑ Danielle Crockett: The Insurrection Act and Executive Power to Respond with Force to Natural Disasters Berkley Law , no year, p. 48 ff. (English).
  7. ↑ Jack L. Rozdilsky, Heriberto Urby, Jr .: Trump's threat to use the Insurrection Act against protesters is an abuse of power The Conversation, June 3, 2020 (English).
  8. ↑ SZ.de/dpa/rtr/cku/ick/hij: Protests in the USA: reactions to Trump's military plan . In: sueddeutsche.de . June 2, 2020, accessed June 2, 2020 .
  9. ↑ Protests in the USA: Can Trump use the military? tagesschau.de, June 3, 2020.
  10. ^ Libby Cathey: What is the Insurrection Act and why has it been invoked before? ABC News , June 2, 2020 (English).