![]() ![]() ![]() §252: "Use of militia and armed forces to enforce Federal authority" currently reads: In 2016, Public Law 114-328 was amended to include Guam and the US Virgin Islands under Ch. The chief clause of the Insurrection Act, in its original 1807 wording (since updated to modern legal English), reads: Īn Act authorizing the employment of the land and naval forces of the United States, in cases of insurrectionsīe it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases of insurrection, or obstruction to the laws, either of the United States, or of any individual state or territory, where it is lawful for the President of the United States to call forth the militia for the purpose of suppressing such insurrection, or of causing the laws to be duly executed, it shall be lawful for him to employ, for the same purposes, such part of the land or naval force of the United States, as shall be judged necessary, having first observed all the pre-requisites of the law in that respect. : 63–64 This section of the act was invoked during the Reconstruction era, and again during desegregation fights during the Civil Rights Era. ![]() The language added at that time allows the federal government to use the act to enforce the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. In 1871, the Third Enforcement Act revised this section ( § 253) to protect Black Americans from attacks by the Ku Klux Klan. In 1861, a new section was added allowing the federal government to use the National Guard and armed forces against the will of the state government in the case of "rebellion against the authority of the government of the United States," in anticipation of continued unrest after the Civil War. : 60 The Act did not provide a criminal penalty for insurrection, which was instead introduced by the Confiscation Act of 1862. The 1807 Act replaced the earlier Calling Forth Act of 1792, which had allowed for federalization of state militias, with similar language that allowed either for federalization of state militias or use of the regular armed forces in the case of rebellion against a state government.
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