10 USC 251-254

[struggle4progress]

251. Whenever there is an insurrection 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.

252. 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.

253. 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.

254. 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 to disperse and retire peaceably to their abodes within a limited time.

[ProfessorGAC]

1. This Passed Constitutional Muster?

253(1) provides what appears to be imperial powers.
Earlier, (251) it says the states must request it, then in the section I pointed out it says if the state is unable or unwilling to enforce the peace. Who gets to decide "unwilling"?
Does the state have to request it or not? Who decides what the "peace" is?
How did this get considered a constitutionally consistent law?

[elleng]

4. History:

https://uscode.house.gov/view.xhtml?path=/prelim@title10/subtitleA/part1/chapter13&edition=prelim

[ProfessorGAC]

5. Thanks, But A Heads Up

Your link is broken. Right where @title10 is at, it's just text, not part of the hyperlink.
The @ might be the problem.
I cut & pasted the whole thing into a new tab and it worked fine.

[ProfessorGAC]

8. Now That I Read It

I'm not sure this gives PINO any authority in this situation.
The law & historical examples are very specific to the enforcement of Federal laws.
Unless there's an interstate agitator element proven, this is all individual states.
And, there's no active rebellion against the u.s. government.
Is this "invoking the act" all just bluster?

[elleng]

9. Of course it's just bluster,

all he has.

[5X]

2. Sounds better suited for this...

Send in the military to stop the domestic terrorist actors.

Link to tweet

?s=20

[elleng]

3. CHAPTER 13--INSURRECTION

https://uscode.house.gov/view.xhtml?path=/prelim@title10/subtitleA/part1/chapter13&edition=prelim

[stillcool]

6. document not found...but

that's fine by me.