THE INSURRECTION ACT OF 1807 ... 10 USC 251-255

by Bob Walsh

President Trump has threatened to use troops to deal with the wave of rioting washing over major American cities (and a few not so major ones).  Generally speaking Posse Commitatus prohibits the use of the Army (though not necessarily the Marines, who are part of the naval establishment) to engage in civil law enforcement.  

If I am following the situation correctly the notion is that by declaring civil unrest or insurrection he can legally justify the use of troops to deal with the problems that the local authority is unable OR UNWILLING to deal with.  

At what point does a flock of assholes become civil unrest or insurrection.  I am not sure, but I think the courts may agree that we are at that point.

 

EDITOR'S NOTE: We reached that point the second night of the destructive rioting.