Upon further reading, this section...§ 1181.
But the dangers from abroad are not alone those, which are to be guarded against in the structure of the national government. Cases may occur, and indeed are contemplated by the constitution itself to occur, in which military force may be indispensable to enforce the laws, or to suppress domestic insurrections.
Where the resistance is confined to a few insurgents, the suppression may be ordinarily, and safely confided to the militia. But where it is extensive, and especially if it should pervade one, or more states, it may become important and even necessary to employ regular troops, as at once the most effective, and the most economical force.
43 Without the power to employ such a force in time of peace for domestic purposes, it is plain, that the government might be in danger of being overthrown by the combinations of a single faction.
In light of the interpretation put forward by Judge Story...what do you think of the potential of Executive abuse of the "Patriot Act"? Does the Executive have exclusive power to determine who fits under the term "terrorist" and therefore which people or groups constitute a threat to the U.S.?
Or is this power only reserved for incidents like the L.A. riots? And if that is true, could you point me to any statutory limitation.