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Insurrection Act

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June 03, 2020

Why in news?

US President Donald Trump may use federal troops to end unrest that has erupted following the death of George Floyd.

What is the story behind?

  • George Floyd was an unarmed black man killed in police custody.
  • The demonstrations have been largely peaceful.
  • However, police in some cities have used force against journalists and protesters, and protesters have clashed with police.
  • Many US cities have set curfews.
  • Trump said that if a city or state refuses to take the necessary actions to defend the life and property of their residents, he may deploy the US military to solve the problem.
  • To deploy the armed forces, Trump would need to formally invoke a group of statutes known as the Insurrection Act.

What is the Insurrection Act?

  • Under the US Constitution, governors generally have the authority to maintain order within state borders.
  • This principle is reflected in a law called the Posse Comitatus Act.
  • The Posse Comitatus Act generally bars the federal military from participating in domestic law enforcement.
  • The Insurrection Act, which dates to the early 1800s, creates an exception to the Posse Comitatus Act.
  • It permits the president to send in US forces to suppress a domestic insurrection that has hindered the normal enforcement of US law.

Can Trump send in troops without a Governor’s approval?

  • Yes. The law lays out a scenarios in which the president is required to have approval from a state’s governor or legislature.
  • The law also instances where such approval is not necessary.

Has it been invoked before?

  • The Insurrection Act has been invoked on dozens of occasions through the US history.
  • Since the civil rights movement of the 1960s, its use has become exceedingly rare according to a report.
  • The Act was last used in 1992, when the acquittal of four Los Angeles police officers in the beating of black motorist Rodney King led to deadly riots.

Can a court strike down Trump’s application of the law?

  • A successful legal challenge to Trump’s use of the law was very unlikely.
  • Courts have historically been very reluctant to second-guess a President’s military declarations.
  • The law, for all practical purposes, leaves this to the President with very little judicial review with any teeth.

 

Source: The Indian Express

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