>>9393092
Seems we're in grey area, anon.
Congressional authorization should be sought. Easiest way to clear the path. However, doesn't seem to be the only way…
The ability of the President to use the fundamental Article II power (power inherent in executive authority) seems to me is NOT dependent upon an act of Congress IF an insurrection threatens the government itself…can he call up the militia himself?
What if the insurrection is aided by foreign agents?
If Constitutional government is threatened (for example, imagine a scenario where Congress is taken over and held captive, as an extreme)…does the President have fundamental Article II authority to act?
I think the answer must be yes. There is law beyond the statuatory, there must therefore be executive authority that is derived solely from that line "the executive Power shall be vested….found in Article II.
The President CAN act to preserve Constitutional government. In doing so, he exercises that fundamental Article II power. But it would have to be ABSOLUTELY CLEAR that it was entirely necessary, so it's a last resort.