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| Long title | An Act authorizing the employment of the land and naval forces of the United States, in cases of insurrections |
|---|---|
| Enacted by | the 9th United States Congress |
| Effective | March 3, 1807 |
| Citations | |
| Public law | 9-39 |
| Statutes at Large | 2 Stat. 443 |
| Legislative history | |
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| Major amendments | |
| 1871, 2006, 2007 | |
The Insurrection Act of 1807 is a United States federal law[1] that empowers the president of the United States to deploy the U.S. military and federalized National Guard troops within the United States in particular circumstances, such as to suppress civil disorder, insurrection, or rebellion.
The act provides a "statutory exception" to the Posse Comitatus Act of 1878, which limits the use of military personnel under federal command for law enforcement purposes within the United States.[2][3]
Before invoking the powers under the act, 10 U.S.C. § 254 requires the President to publish a proclamation ordering the insurgents to disperse. As part of the Posse Comitatus Act, these provisions have since been amended.
There are exceptions rooted in the president's own constitutional authority. Defense Department guidelines describe "homeland defense" as a "constitutional exception" to Posse Comitatus restrictions, meaning that measures necessary to protect national security from external threats are not subject to the same limitations.
- ^ (10 U.S.C. §§ 251–255; prior to 2016, 10 U.S.C. §§ 331–335; amended 2006, 2007)
- ^ Cite error: The named reference
:2was invoked but never defined (see the help page). - ^ Magsamen, Kelly (June 12, 2020). "4 Ways Congress Can Amend the Insurrection Act". Center for American Progress. Retrieved June 18, 2020.