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> Section 1076 is titled "Use of the Armed Forces in major public emergencies". > The President may employ the armed forces ... to ... restore public order and
by slowmovintarget 1y ago
> Section 1076 is titled "Use of the Armed Forces in major public emergencies".
> The President may employ the armed forces ... to ... restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition ... the President determines that ... domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order ... or [to] suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such ... a condition ... so hinders the execution of the laws ... 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 ... or opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws. [1]
So if I understand correctly, given the modifications to Posse Comitatus, and to the Insurrection Act, there is a legal theory under which the President can "send in the troops." Isn't that the real issue here, whether those statutes and conditions apply?
The linked article doesn't seem to mention the John Warner National Defense Authorization Act. [2]
[1] https://en.wikipedia.org/wiki/Posse_Comitatus_Act#2006%E2%80%932007_suspension https://en.wikipedia.org/wiki/Posse_Comitatus_Act#2006%E2%80...
[2] https://en.wikipedia.org/wiki/National_Defense_Authorization_Act_for_Fiscal_Year_2007 https://en.wikipedia.org/wiki/National_Defense_Authorization...