10 U.S.C. § 253 — Interference with State and Federal law

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 156 words · no verdicts yet

in plain englishAI-generated · not legal advice

The President can use the militia, the armed forces, or other means to stop an insurrection or violence in a state. This applies when state authorities can't or won't protect people's constitutional rights, or when state action blocks enforcement of federal law. In the first case, the law treats the state as having denied equal protection.

The President must take whatever measures — using the militia, the armed forces, both, or any other means — he considers necessary to suppress an insurrection, domestic violence, unlawful combination, or conspiracy in a state, if it either: (1) hinders enforcement of that state's laws, and of federal laws within the state, so badly that some group of people is deprived of a right, privilege, immunity, or protection named in the Constitution and guaranteed by law — and the state's own authorities are unable, fail, or refuse to protect that right or give that protection; or (2) opposes or obstructs enforcement of federal laws, or blocks the course of justice under those laws. When clause (1) applies, the law treats the state as having denied the equal protection of the laws that the Constitution guarantees.

the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 15, § 333; Pub. L. 109–364, div. A, title X, § 1076(a)(1), Oct. 17, 2006, 120 Stat. 2404; Pub. L. 110–181, div. A, title X, § 1068(a)(1), Jan. 28, 2008, 122 Stat. 325; renumbered § 253, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)

history & why it existsrecord from the source credit

1956Enacted · Act of Aug. 10, 1956, ch. 1041
2006Amended · Pub. L. 109-364 · 120 Stat. 2404
2008Amended · Pub. L. 110-181 · 122 Stat. 325
2016Amended · Pub. L. 114-328 · 130 Stat. 2497

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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