Martial Law – Authority To Protect From Insurrection Removed From 10 USC Chapter 13 In 2016
Researching Martial Law has revealed a conundrum. Prior to Dec 23, 2016, Insurrection was covered under 10 USC Chapter 13. This provides legal authority for use of federal and state military forces to aid States. However, the United States appears to no longer afford this protection to the citizens of the United States. 10 USC Chapter 13 differs on resource pages uscode.house.gov and law.cornell.edu. Under Pub L 114-238 National Defense Authorization Act for Fiscal Year 2017, all sections of 10 USC 13 were amended, meaning replaced as referenced below. If legal authority to counter insurrection exists, what is the new US Code Title and Chapter? More concerning, if such protection for citizens have been repealed in the 2016 legislation… would that constitute acts of Conspiracy and Treason by the Legislature and President (44)?
10 USC Chapter 13 Insurrection pre-2016
Sec. 251. Federal aid for State governments.// 252. Use of militia and armed forces to enforce Federal authority.// 253. Interference with State and Federal law.// 254. Proclamation to disperse.// 255. Guam and Virgin Islands included as "State".
§251. Federal aid for State governments
Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, 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.
§252. Use of militia and armed forces to enforce Federal authority
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.
§253. Interference with State and Federal law
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.
§254. Proclamation to disperse
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.
§255. Guam and Virgin Islands included as "State"
For purposes of this chapter, the term "State" includes Guam and the Virgin Islands.
http://uscode.house.gov/view.xhtml?path=/prelim@title10/subtitleA/part1/chapter13&edition=prelim
Law.cornell.edu provides the same Title name and Sections index but the individual sections were amened in 2016 and pertain to Department of Defense audits. The current version of 10 USC Chapter 13 Sections on the law.cornell.edu website:
10 U.S. Code § 251.1 - Audit of Department of Defense financial statements [and] Federal aid for State governments
10 U.S. Code § 252.1 - Financial Improvement and Audit Remediation Plan [and] Use of militia and armed forces to enforce Federal authority
10 U.S. Code § 253.1 - Audit: consolidated corrective action plan; centralized reporting system [and] Interference with State and Federal law
10 U.S. Code § 254.1 - Audits: audit of financial statements of Department of Defense components by independent external auditors [and] Proclamation to disperse
10 U.S. Code § 255 - Guam and Virgin Islands included as “State”
lhttps://www.law.cornell.edu/uscode/text/10/subtitle-A/part-I/chapter-13
Pub L 114-328 NDAA FY2017 https://www.congress.gov/114/plaws/publ328/PLAW-114publ328.pdf