I’m wondering if the source of the insurrection removes the need to consult with the Congress first. In this case, the Legislative and Judicial branches and even parts of the Executive branch are the source of the insurrection. They’ve willfully declined to perform their sworn duties under the Constitution.
The Act empowers the U.S. president to call into service the U.S. Armed Forces and the National Guard:
... (among other times) ... to address an insurrection, in any state, which makes it impracticable to enforce the law (§ 252), or
to address an insurrection, domestic violence, unlawful combination or conspiracy, in any state, which results in the deprivation of Constitutionally-secured rights, and where the state is unable, fails, or refuses to protect said rights (§ 253).
I’ve been trying to find the complete Act on the net but haven’t found it yet. I’m interested specifically in the definition of “state”. No matter what I think, I know the President is surrounded by legal and Constitutional experts who know more and can think circles around me, so I’m sure he knows what he’s doing.
We’re here to try to discuss what we’re seeing and help each other put it in context for better understanding. Your input in that regard is always well-thought-out and insightful.
“I’m wondering if the source of the insurrection removes the need to consult with the Congress first. In this case, the Legislative and Judicial branches and even parts of the Executive branch are the source of the insurrection. They’ve willfully declined to perform their sworn duties under the Constitution.”
Good point, of course, and that’s exactly why the damned Congress added the thing about certifying or whatever the word was, with Congress before invoking the Act! It’s like making a law that before arrested a murderer one has to ask the murderer if it’s okay with him to arrest him.
The entire act, it’s on my desktop for a long time now!
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.