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THE INSURRECTION ACT

We have heard a lot about the Insurrection Act. Politicians and journalists have talked a lot about it. President Trump has not said he will use the Act during the mid-term elections, but he has said he is thinking about it. Members of his administration have said it might be needed because of claims of widescale election fraud. Let’s take a closer look at this law.

The Insurrection Act was put into law during Thomas Jefferson’s presidency. It has been changed over the years by Congress and through court decisions. Basically, the Act allows the federal government to use the military inside the United States during serious emergencies. It can also allow the federal government to take control of state National Guard units. This can happen during moments of major civil disorder, rebellion or insurrection.

The Act can be used under certain conditions:

• A state government asks for federal help for a problem too large for the state to handle

• Normal law enforcement cannot act quickly enough to deal with the problem

• A state is not following Federal orders and is denying citizens their legal rights, such as civil rights.

This Act is an exception to the Posse Comitatus Act of 1878, which prevented federal troops from being used for normal law enforcement. Other federal laws also limit how the Insurrection Act can be used. The Act also does not clearly define words like “insurrection”, “rebellion” or “domestic violence.” This can give the President more freedom to decide when to use it.

The Insurrection Act has been used about 30 times in our history. It has been used during the Civil War, against the Ku Klux Klan in the 1870s and in fights between workers and businesses. Presidents Eisenhower, Kennedy and Johnson used it to enforce federal orders to end segregation in schools and other places in the South. It was last used in 1992 by President George HW Bush during the riots in Los Angeles.

Can the Insurrection Act be used to stop or control an election?

No. The U.S. code 592 says military or civilian leaders cannot use troops or armed men at any place where there is an election except to “repel armed enemies of the United States.” Chairman of the Joint Chiefs of Staff, Gen. Dan Caine, said there is no plan to send the military to polling places, or to take ballots, voting machines or other election materials.

Of course, this Administration has often chosen to act first and let the lawyers and judges sort out the legal questions later. That is a big concern.

By Ben Boardman and Friends.

Barn Owl is paid for by Ace Allen, in loving memory of his Linn County grandparents: Bessie Epps Hart (Graham) and John Talbot Graham, 

Submit comments or questions to ace.allen@me.com