Forgive my ignorance please. I have read all the comments over these past 3 years on the insurrection act and martial law but my brain is lacking.
Does sending or preparing NG to go to polling places equal martial law? Since we have NG at polls in Texas are we under martial law?
Respectfully, I am not looking forward to martial law unless necessary but had not equated the NG insuring election security as being martial law. I can see from your comment that I have not fully comprehended the use of NG within the US yet despite these 3 years of trying to get military rules through my thick skull.
I’ll keep up the prayer warfare whilst I’m simmering up more jelly today. We still gotta eat while straightening out the country. Might as well have a little sweet to spread over sourdough.
No, your Governor is doing that to assist the voting process. Martial law suspends civilian control and substitutes military authority for civilian rule.
If a jurisdiction can't (or won't) protect the citizens living there from lawlessness, or the effects of natural disaster, the Feds and the Governor can use the NG (and/or AD if federal) to assist local authority. Martial Law replaces that authority with a military commander who runs it like the Governor or President directs.
To me it looks as though these sections are exclusive (right word?) - meaning separate usages of the act. IOW, the first one requires the requset of legislature or governor if legislature can’t, of disturbances in that state. But the other usages seem to be indepdenent of the state’s request. Informed legal knowledge welcome.
https://policy.defense.gov/portals/11/documents/hdasa/references/insurrection_act.pdf
Insurrection Act
10 U.S.C. §§ 331-335
Sec. 331. Federal aid for State governments
Whenever there is an insurrections 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.
Sec. 332. 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.
Sec. 333. 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.
Sec. 334. 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 or those
obstructing the enforcement of the laws to disperse and retire peaceably to their abodes
within a limited time.
Sec. 335. Guam and Virgin Islands included as “State”
For purposes of this chapter, the term “State” includes Guam and the Virgin Islands.