|synonyms:||rebellion, revolt, uprising, mutiny, revolution, insurgence, riot, sedition, subversion;|
From Wikipedia, the free encyclopedia
Jump to: navigation, search
The Insurrection Act of 1807 is the set of laws that govern the ability of the President of the United States to deploy troops within the United States to put down lawlessness, insurrection and rebellion. The laws are chiefly contained in 10 U.S.C. § 331 – 10 U.S.C. § 335. The general aim is to limit Presidential power as much as possible, relying on state and local governments for initial response in the event of insurrection. Coupled with the Posse Comitatus Act, Presidential powers for law enforcement are limited and delayed.
Relation to Posse Comitatus
The entire text of the Posse Comitatus Act, as amended in 1956, is as follows:
18 U.S.C. § 1385 – Use of Army and Air Force as posse comitatus
“Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both”.
Accordingly, actions taken under the Insurrection Act, as an “Act of Congress”, have always been exempt from the Posse Comitatus Act.