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To: little jeremiah

If the court takes any of these cases, then President Trump can’t enact the insurrection act because IIRC, the court’s inaction would be one of the reasons he could use the insurrection act (in addition to all the other broken laws, foreign interference, etc. that has happened.)


2,560 posted on 12/15/2020 8:48:01 AM PST by GYPSY286
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To: GYPSY286

There are many aspects to the Insurrection Act. I have it on my desktop for reference, I’ll post it here:

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.


2,593 posted on 12/15/2020 9:16:43 AM PST by little jeremiah (Thirst for truth is the most valuable possession and no one can take it away from you.)
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