1 upvotes, 1 direct replies (showing 1)
With the razor-thin majorities that the GOP has in both houses, it is unlikely that they would make it easier for a President to send in federal troops. There are still a few Republicans in the House who voted to impeach Trump the last time.
Under the Insurrection Act, Section 251 requires the Governor or State Legislature to allow federal troops to enter their state if the governor is not present.
Section 252 grants the president more discretion but is used in conditions of war or serious disruption of civilian affairs. Congress is needed for the war declaration but it is unlikely with the razor-thin majority.
Section 253 is the scary one used to fight the KKK, but the one saving grace is that it bumps up against the 14th Amendment which would make it go to the courts. Here's some language about this section.
"Accordingly, OLC has concluded[1] that, absent a court order, the statutory language authorizing the president to act unilaterally without a request from the state must be interpreted to require, as a “prerequisite,” that “state authorities are either directly involved, by acting or failing to act, in denials of federal rights,” or that state authorities “are so helpless in the face of private violence that the private activity has taken on the character of state action.” Based on this interpretation, Section 253 could not be used in response to more ordinary protest activity by private parties or to address federal law enforcement matters, such as deportations."
1: https://www.justice.gov/olc/file/477221/dl?inline
Comment by MountainMapleMI at 05/12/2024 at 19:29 UTC
1 upvotes, 1 direct replies
So ability to refuse unlawful orders extends to National Guard units as well?
Because the
Ludlow miners Homestead steel workers UAW Fischer Body plant workers
Would like to have a word about being fired upon.