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50 U.S.C. § 212Confiscation of property employed to aid insurrection

submitted date unrecorded by Congress to r/title-50-WAR-AND-NATIONAL-DEFENSE · 166 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the government seize property that helps an insurrection against it. It applies once the President proclaims that ordinary courts and marshals cannot enforce the law. Anyone who buys, sells, or uses such property to aid the insurrection risks having it seized and condemned.

This section is a single, undivided rule. It applies during an insurrection against the U.S. government, but only after the President has issued a proclamation declaring that the laws of the United States are being opposed, and their enforcement obstructed, by combinations too powerful for ordinary judicial proceedings or for U.S. marshals to handle. Once that proclamation is in effect, the rule covers property of any kind or description. It applies to a person — or that person's agent, attorney, or employee — who purchases, acquires, sells, or gives away property intending it to be used, or knowingly letting it be used, in aiding, abetting, or promoting the insurrection or resistance to the law, or in aiding anyone taking part in it. It also applies to someone who owns such property and knowingly uses it, or consents to it being used, for that purpose. Any property that fits this description becomes a lawful "subject of prize and capture" wherever it's found — meaning it can lawfully be seized as spoils of the conflict. The President has the duty to have that property seized, confiscated, and condemned.
the actual law source: uscode.house.gov ↗public domain

Whenever during any insurrection against the Government of the United States, after the President shall have declared by proclamation that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person, or his agent, attorney, or employee, purchases or acquires, sells or gives, any property of whatsoever kind or description, with intent to use or employ the same, or suffers the same to be used or employed in aiding, abetting, or promoting such insurrection or resistance to the laws, or any person engaged therein; or being the owner of any such property, knowingly uses or employs, or consents to such use or employment of the same, all such property shall be lawful subject of prize and capture wherever found; and it shall be the duty of the President to cause the same to be seized, confiscated, and condemned.

Source credit: (R.S. § 5308.)

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