dChan - Q Origins Project Archive

President proclaims insurrection and the 2007 Defense Authorization Bill's sec (((333))) allows him to use federal troops. My notes on several articles I read are below. Sorry for the lack of sauce, but all of it is easily researched.

On September 30, 2006, the Congress modified the Insurrection Act as part of the 2007 Defense Authorization Bill (repealed as of 2008).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."

The 2008 Defense Authorization Bill, repeals the changes made in the 2007 bill.[3]

The 2007 Defense Authorization Bill, with over $500 billion allocated to the military, and which also contained the changes to the Insurrection Act of 1807, was passed by a bipartisan majority of both houses of Congress: 398-23 in the House and by unanimous consent in the Senate.[4] For military forces to be used under the provisions of the revised Insurrection Act, the following conditions must be met:

(1) The President may employ the armed forces, including the National Guard in Federal service, to–

(A) restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that–

(i) domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; and

(ii) such violence results in a condition described in paragraph (2); or

(B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition described in paragraph (2).

(2) A condition described in this paragraph is a condition that–

(A) so hinders the execution of the laws of a State or possession, as applicable, and of the United States within that State or possession, 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 or possession are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or

(B) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.

To proclaim a state of insurrection is a necessary prerequisite if cascading powers, such as is found in 50 U.S.C. § 212 Confiscation of property employed to aid insurrection, are to be used.

A presidential proclamation is a statement issued by a President on an issue of public policy, and is a kind of Presidential directive. A presidential proclamation is an instrument that,

• states a condition,

• declares a law and requires obedience,

• recognizes an event, or

• triggers the implementation of a law, by recognizing that the circumstances described in the law have been realized

Unless authorized by Congress, a President's proclamation does not have the force of law. If Congress were to pass an act that would take effect upon the happening of a contingent event, and subsequently the President proclaimed that the event happened, then the proclamation would have the force of law.

Insurrection means “a violent uprising by a group or movement acting for the specific purpose of overthrowing the constituted government and seizing its powers. An insurrection occurs where a movement acts to overthrow the constituted government and to take possession of its inherent powers.” [Younis Bros. & Co. v. Cigna Worldwide Ins. Co., 899 F. Supp. 1385, 1392-1393 (E.D. Pa. 1995)]