I'm sure you feel that way but you'd be mistaken.
In regards to these riots I may be closer to you than you think.
But when don't put up convincing arguments for your point, what am I supposed to say? "Well gorsh! You're right. Youre complete lack of convincing arguments has changed my mind."
There are CERTAINLY topics I CANNOT be dissuaded from. But this one, yes I could.
The use of the U.S. military to quell riots is governed by a combination of legal frameworks, historical precedents, and constitutional considerations. Below is a concise overview of the legal basis and historical instances of such use, focusing on the United States:
Legal Framework
The Insurrection Act of 1807 (10 U.S.C. §§ 251–255):
This is the primary legal authority allowing the President to deploy federal troops or federalize state National Guard units to suppress domestic insurrections, rebellions, or riots that impede the execution of federal or state laws.
Key provisions:
Section 251: Allows the President to deploy troops if requested by a state’s legislature or governor to suppress an insurrection.
Section 252: Permits the President to act unilaterally if the insurrection makes it “impracticable to enforce the laws of the United States” by ordinary judicial means.
Section 253: Allows deployment to suppress any insurrection, domestic violence, or conspiracy that obstructs federal law or deprives citizens of constitutional rights.
The Act requires the President to issue a proclamation ordering insurgents to disperse before deploying troops (10 U.S.C. § 254).
Historically, the Act has been interpreted broadly, giving the President significant discretion, though its use is rare due to political and practical concerns.
Posse Comitatus Act of 1878 (18 U.S.C. § 1385):
Limits the use of federal military forces for domestic law enforcement, except where expressly authorized by Congress or the Constitution (e.g., the Insurrection Act).
It does not apply to the National Guard when under state control, only when federalized.
Exceptions include situations where military involvement is deemed necessary to protect federal property or enforce federal law.
Constitutional Basis:
Article II, Section 2 of the U.S. Constitution designates the President as Commander-in-Chief, granting authority to use military forces to protect national interests.
Article IV, Section 4 obligates the federal government to protect states against “domestic violence” upon request, providing a constitutional basis for the Insurrection Act.
National Guard Dual Status:
The National Guard operates under state control (Title 32) for local emergencies but can be federalized (Title 10) for national purposes. Governors typically deploy the Guard for riots, but the President can federalize it under the Insurrection Act.
Historical Precedents
The U.S. military or federalized National Guard has been used sparingly to address riots or civil unrest, with notable examples:
Whiskey Rebellion (1794):
President George Washington invoked the Militia Acts of 1792 (precursor to the Insurrection Act) to mobilize state militias to suppress a tax revolt in Pennsylvania. This was the first use of federal authority to quell domestic unrest and set a precedent for federal intervention.
Reconstruction Era (1865–1877):
Federal troops were deployed in Southern states to enforce Reconstruction policies and suppress violence by groups like the Ku Klux Klan, authorized by the Enforcement Acts and early versions of the Insurrection Act.
Labor Riots (Late 19th Century):
Pullman Strike (1894): President Grover Cleveland deployed federal troops to Chicago to break a railroad strike that disrupted mail delivery and interstate commerce, citing federal authority to protect commerce and mail.
Civil Rights Era:
Little Rock Crisis (1957): President Dwight Eisenhower federalized the Arkansas National Guard and deployed the 101st Airborne Division to enforce school desegregation against resistance from state authorities and mobs, invoking the Insurrection Act.
Ole Miss Riot (1962): President John F. Kennedy federalized the Mississippi National Guard and sent federal troops to quell riots over James Meredith’s integration of the University of Mississippi.
1968 Riots: Following Martin Luther King Jr.’s assassination, President Lyndon Johnson deployed federal troops and federalized National Guard units in cities like Washington, D.C., Baltimore, and Chicago to control widespread rioting under the Insurrection Act.
Los Angeles Riots (1992):
President George H.W. Bush invoked the Insurrection Act to deploy federal troops and federalize the California National Guard to restore order after riots sparked by the Rodney King verdict. This followed a request from California Governor Pete Wilson, as local law enforcement was overwhelmed.
Key Considerations and Modern Context
Rarity of Use: The Insurrection Act is rarely invoked due to the preference for state-controlled National Guard or local law enforcement to handle riots. Federal troop deployment is seen as a last resort due to political sensitivities and the Posse Comitatus Act’s restrictions.
Judicial Oversight: Courts have generally deferred to the President’s discretion under the Insurrection Act, with limited judicial review (e.g., Luther v. Borden, 1849, affirmed broad executive authority in domestic disturbances).
Recent Debates: During the 2020 George Floyd protests, discussions arose about invoking the Insurrection Act, but it was not used. Instead, National Guard units under state control were deployed in multiple cities. The debate highlighted tensions between federal and state authority and concerns about militarizing domestic law enforcement.
Civil Liberties: Deploying the military domestically raises concerns about First Amendment rights (e.g., free speech and assembly) and Fourth Amendment protections against excessive force, prompting calls for clear rules of engagement.
Conclusion
The legal basis for using the U.S. military to quell riots primarily rests on the Insurrection Act, supported by constitutional provisions, but is constrained by the Posse Comitatus Act. Historical precedents show its use in extreme cases of civil unrest, often when state or local authorities are unable to maintain order. While legally permissible, such deployments are rare and politically sensitive, typically requiring a clear justification, such as a direct threat to federal law, constitutional rights, or public safety.