You say you want a revolution? Part Deux
Insurrection
A rising or rebellion of citizens against their government, usually manifested by acts of violence.
Under federal law, it is a crime to incite, assist, or engage in such conduct against the United States.
West’s Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
INSURRECTION. A rebellion of citizens or subjects of a country against its government.
2. The Constitution of the United States, art. 1, s. 8. gives power to congress ” to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions.”
3. By the act of Congress of the 28th of February, 1795, 1 Story’s L. U. S. 389, it is provided: Sec. 1. That whenever the United States shall be invaded, or be in imminent danger of invasion, from any foreign nation or Indian tribe, it shall be lawful for the president of the United States to call forth such number, of the militia of the state, or states, most convenient to the place of danger, or scene of action, as he may judge necessary to repel such invasion, and to issue his orders, for that purpose, to such officer or officers of the militia as be shall think proper. And in case of an insurrection in any state, against the government thereof, it shall be lawful for the president of the United States, on application of the legislature of such state, or of the executive, (when the legislature cannot be convened,) to call forth such number of the militia of any other state or states, as may be applied for, as he may judge sufficient to suppress such insurrection.
4.-2 That, whenever the laws of the United States shall be opposed, or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, it shall be lawful for the president of the United States to call forth the militia of such state, or of any other state or states, as may be necessary to suppress such combinations, and to cause the laws to be duly executed; and the use of militia so to be called forth may be continued, if necessary, until the expiration of thirty days after the commencement of the then next session of congress.
5.-3. That whenever it may be necessary, in the judgment of the president, to use the military force hereby directed to be called forth, the president shall forthwith, by proclamation, command such insurgents to disperse, and retire peaceably to their respective abodes, within a limited time.
The Insurrection Act gives U.S. presidents the authority to deploy active duty military to maintain or restore peace in times of crisis. The Insurrection Act was invoked numerous times in the 20th century, most famously when Dwight D. Eisenhower sent the 101st Airborne Division to enforce the desegregation of public schools in Little Rock, Arkansas.
But the origins of the Insurrection Act date back more than 200 years to a bizarre chapter in American history—when Aaron Burr plotted to raise an army and establish his own dynasty in either the Louisiana Territory or Mexico.
Burr, a decorated Revolutionary War officer and senator from New York, served as vice president during Thomas Jefferson’s first term. Burr had grand political aspirations, but they were dashed after he killed his rival Alexander Hamilton in a duel in 1804.
The details of Burr’s plot were never clear, but it involved mustering an army to invade Mexico under the pretense of a war with Spain, and then keeping the conquered land for himself. Burr thought he had an ally in General James Wilkenson, commander of the U.S. Army and first governor of the Louisiana Territory, but when rumors of Burr’s plot leaked into the newspapers, Wilkenson turned on his co-conspirator.
In a letter sent on October 21, 1806, Wilkenson spilled the details of the plot to Jefferson without mentioning Burr by name. But Jefferson had already grown concerned enough about Burr’s strange activities that Jefferson had sent his own letter to Secretary of State James Madison asking if the Constitution granted him authority to deploy the army to stop a rebellion.
General James Wilkinson, the Insurrection Act
In his reply, Madison said no. “It does not appear that regular Troops can be employed, under any legal provision against. insurrections,” wrote Madison, “but only against. expeditions having foreign Countries for the object.”
Both Jefferson and Madison were strict interpreters of the Constitution and wouldn’t dare exercise authority that wasn’t explicitly written in the founding document, so they needed to convince Congress to give Jefferson that power. And to do that, they first needed proof of Burr’s conspiracy. That’s where Wilkenson’s letter comes in.
“Jefferson was looking for a legitimate source of authority on Burr’s plot and he was willing to believe Wilkenson, even though historians suggest that Jefferson knew darn well that Wilkenson was a liar with his own suspect reputation,” says John Fea, a history professor at Messiah College. “But Jefferson needed a source to move the gears to try to stop Burr, who was his biggest fear.”
Armed with Wilkenson’s “proof,” Jefferson issued a proclamation on November 27, 1806 that laid out the plot and enjoined all military officers, both state and federal, to “to be vigilant… in searching out and bringing to condign punishment all persons engaged or concerned in such enterprise, in seizing and detaining, subject to the disposition of the law, all vessels, arms, military stores, or other means provided or providing for the same, and, in general, in preventing the carrying on such expedition or enterprise by all lawful means within their power.”
“Jefferson essentially puts a bounty on Burr’s head,” says Fea, and within weeks, an Ohio militia seized boats belonging to Burr’s ragtag army and raided a private island on the Ohio River that served as a military encampment.
But Burr evaded capture and rumors continued to swirl that he was recruiting soldiers en route to the Louisiana Territory and soliciting help from Britain to establish his spinoff nation in the West. Jefferson still refused to deploy the standing U.S. Army to track down Burr and quash the rebellion once and for all, a reticence that was mocked by his political enemies, the Federalists.
“Jefferson, to his credit, says I’m not going to act unless the Constitution says I can act,” says Fea. “The Federalists take a much broader view of the Constitution. If the Constitution doesn’t outright condemn it, then it’s OK.”
Jefferson stuck to his principles and in December of 1806 asked Congress to pass a bill “authorising the emploiment of the land or Naval forces of the US. in cases of insurrection.” This legislation, known as the Insurrection Act, would take another three months to become law. When it was finally signed on March 3, 1807, Aaron Burr had already been in custody for 11 days.
“The Insurrection Act was last invoked in 1992 under President George H.W. Bush, after Peter Wilson, then-governor of California, requested help to quell widespread riots after four police officers charged in the beating of Rodney King were acquitted.
In 2005, after Hurricane Katrina devastated Louisiana and the Gulf Coast, President George W. Bush explored expanding the Insurrection Act to place command of the region’s National Guard under federal control. Ultimately, Bush declined to invoke the act, although it was eventually amended in 2006 to broaden the scope under which the president may act under the law.”
Some here may not know that roughly 70’ish days ago, on or about the peak of rioting and anarchy, the top military and civilian government officials, meet several times to consider whether to advise Donald Trump to activate the insurrection act option. The military was strongly opposed to this action, at that time. It was decided to hold off till after the November 3’rd election, to “better” view want might be necessary.
They were talking about instantly arresting specific Governors of States, and Mayor’s of several cities, and their city council members supporting the Rioting, Anarchy, and declaration of intent to “Burn” America down. There was actually talk that they could be held for treason, given that part of their oath of office, includes upholding the Constitution of the United States of America.
I actually think this shocked some city and state leaders, to the level they pooped themselves in true fear……and they stopped the rioting almost instantly.
The “Brown shirt” faction of the Democrat party has already spoken about civil unrest should President Trump be reelected. There is no reason to believe that they are any less serious about these actions than they were about the riots in Minneapolis, Portland and Seattle.
If a Declaration of Insurrection is declared in 2020 or early 2021, I expect broad impact on day to day life… and should the civil unrest begin on, or just after November 3rd, I expect a declaration to happen on November 6’th or shortly after that.