10 U.S.C. § 252 — Use of militia and armed forces to enforce

Page 337 TITLE 10—ARMED FORCES § 252 1 Items numbered 251 to 254 also appear in the analysis for chapter 9A of this title. (JAGA 1952/4374, 9 July 1952). The word ‘‘artificers’’ is omitted as covered by the word ‘‘workmen’’. The words ‘‘naval shipyards’’ are substituted for the words ‘‘navy yards’’ to reflect modern terminology. The words ‘‘on navigable waters’’ are inserted to preserve the original coverage of the word ‘‘pilots’’. The words ‘‘actually’’ and ‘‘without regard to age’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 renumbered section 312 of this title as this section. 2006—Subsec. (a)(2). Pub. L. 109–163 substituted ‘‘States, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands’’ for ‘‘States and Territories, and Puerto Rico’’. 1988—Subsec. (a)(2). Pub. L. 100–456 substituted ‘‘and Puerto Rico’’ for ‘‘Puerto Rico, and the Canal Zone’’. CHAPTER 13—INSURRECTION Sec. 251.1 Federal aid for State governments. 252.1 Use of militia and armed forces to enforce Federal authority. 253.1 Interference with State and Federal law. 254.1 Proclamation to disperse. 255. Guam and Virgin Islands included as ‘‘State’’. Editorial Notes PRIOR PROVISIONS A prior chapter 13, consisting of sections 311 and 312, was renumbered chapter 12, and sections 311 and 312 were renumbered sections 246 and 247, respectively. AMENDMENTS 2016—Pub. L. 114–328, div. A, title XII, § 1241(a)(1), (o)(2), Dec. 23, 2016, 130 Stat. 2497, 2512, renumbered chapter 15 of this title ‘‘INSURRECTION’’ as chapter 13, redesignated item 331 ‘‘Federal aid for State govern- ments’’ as item 251, redesignated item 332 ‘‘Use of mili- tia and armed forces to enforce Federal authority’’ as item 252, redesignated item 333 ‘‘Interference with State and Federal law’’ as item 253, redesignated item 334 ‘‘Proclamation to disperse’’ as item 254, and redesig- nated item 335 ‘‘Guam and Virgin Islands included as ‘State’ ’’ as item 255. 2008—Pub. L. 110–181, div. A, title X, § 1068(a)(3), (4)(A), Jan. 28, 2008, 122 Stat. 325, substituted ‘‘INSURREC- TION’’ for ‘‘ENFORCEMENT OF THE LAWS TO RE- STORE PUBLIC ORDER’’ in chapter heading, added item 333, and struck out former item 333 ‘‘Major public emergencies; interference with State and Federal law’’. 2006—Pub. L. 109–364, div. A, title X, § 1076(a)(3), (4)(B), Oct. 17, 2006, 120 Stat. 2405, substituted ‘‘ENFORCE- MENT OF THE LAWS TO RESTORE PUBLIC ORDER’’ for ‘‘INSURRECTION’’ in chapter heading and ‘‘Major public emergencies; interference with State and Fed- eral law’’ for ‘‘Interference with State and Federal law’’ in item 333. 1980—Pub. L. 96–513, title V, § 511(11)(C), Dec. 12, 1980, 94 Stat. 2921, added item 335. § 251. Federal aid for State governments Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its gov- ernor if the legislature cannot be convened, call into Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection. (Aug. 10, 1956, ch. 1041, 70A Stat. 15, § 331; renum- bered § 251, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 331 .......... 50:201. R.S. 5297. The words ‘‘armed forces’’ are substituted for the words ‘‘land or naval forces of the United States’’. The word ‘‘governor’’ is substituted for the word ‘‘execu- tive’’. The word ‘‘may’’ is substituted for the words ‘‘it shall be lawful * * * to’’. The words ‘‘into Federal serv- ice’’ are substituted for the word ‘‘forth’’ for uni- formity and clarity. Editorial Notes CODIFICATION Another section 251 was renumbered section 240a of this title. AMENDMENTS 2016—Pub. L. 114–328 renumbered section 331 of this title as this section. § 252. Use of militia and armed forces to enforce Federal authority Whenever the President considers that unlaw- ful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the or- dinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion. (Aug. 10, 1956, ch. 1041, 70A Stat. 15, § 332; Pub. L. 109–163, div. A, title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3440; renumbered § 252, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 332 .......... 50:202. R.S. 5298. 50:202 (last 22 words) is omitted as surplusage. The words ‘‘armed forces’’ are substituted for the words ‘‘land and naval forces of the United States’’. The words ‘‘call into Federal service such of the militia’’ are substituted for the words ‘‘call forth the militia of any or all the States’’ for clarity and uniformity. The word ‘‘may’’ is substituted for the words ‘‘it shall be lawful’’. The words ‘‘faithful execution of the’’ and ‘‘in whatever State or Territory thereof the laws of the United States may be forcibly opposed’’ are omitted as surplusage. DERIVATION Act July 29, 1861, ch. 25, § 1, 12 Stat. 281. Editorial Notes CODIFICATION Another section 252 was renumbered section 240b of this title. AMENDMENTS 2016—Pub. L. 114–328 renumbered section 332 of this title as this section. Page 338 TITLE 10—ARMED FORCES § 253 2006—Pub. L. 109–163 struck out ‘‘or Territory’’ after ‘‘in any State’’. Executive Documents EX. ORD. NO. 10730. ASSISTANCE FOR REMOVAL OF AN OBSTRUCTION OF JUSTICE WITHIN THE STATE OF ARKANSAS Ex. Ord. No. 10730, Sept. 24, 1957, 22 F.R. 7628, author- ized the Secretary of Defense to order into the active military service of the United States units of the Na- tional Guard of the United States and of the Air Na- tional Guard of the United States within the State of Arkansas for an indefinite period and until relieved by appropriate orders in order to enforce any orders of the United States District Court for the Eastern District of Arkansas for the removal of obstructions to justice in respect to enrollment and attendance at public schools in the Little Rock School District, Little Rock, Arkan- sas; authorized the Secretary of Defense to also use the armed forces of the United States to enforce such or- ders of the district court; and authorized the Secretary of Defense to delegate his authority to the Secretary of the Army or the Secretary of the Air Force. EX. ORD. NO. 11053. ASSISTANCE FOR REMOVAL OF UN- LAWFUL OBSTRUCTIONS OF JUSTICE IN THE STATE OF MISSISSIPPI Ex. Ord. No. 11053, Sept. 30, 1962, 27 F.R. 9681, author- ized the Secretary of Defense to call into the active military service of the United States units of the Army National Guard and of the Air National Guard of the State of Mississippi for an indefinite period and until relieved by appropriate orders in order to enforce all orders of the United States District Court for the Southern District of Mississippi and of the United States Court of Appeals for the Fifth Circuit for the re- moval of obstructions to justice in the State of Mis- sissippi; authorized the Secretary of Defense to also use the armed forces of the United States to enforce such court orders; and authorized the Secretary of Defense to delegate his authority to the Secretary of the Army or the Secretary of the Air Force. EX. ORD. NO. 11111. ASSISTANCE FOR REMOVAL OF OB- STRUCTIONS OF JUSTICE AND SUPPRESSION OF UNLAW- FUL COMBINATIONS WITHIN THE STATE OF ALABAMA Ex. Ord. No. 11111, June 11, 1963, 28 F.R. 5709, author- ized the Secretary of Defense to call into the active military service of the United States units of the Army National Guard and of the Air National Guard of the State of Alabama for an indefinite period and until re- lieved by appropriate orders in order to enforce the laws of the United States within that State and the or- ders of the United States District Court for the North- ern District of Alabama, to remove obstructions to jus- tice, and to suppress unlawful assemblies, conspiracies, and domestic violence which oppose the laws of the United States or impede the course of justice under those laws within that State; authorized the Secretary of Defense to also use the armed forces of the United States for such purposes; and authorized the Secretary of Defense to delegate his authority to the Secretary of the Army or the Secretary of the Air Force. EX. ORD. NO. 11118. ASSISTANCE FOR REMOVAL OF UN- LAWFUL OBSTRUCTIONS OF JUSTICE IN THE STATE OF ALABAMA Ex. Ord. No. 11118, Sept. 10, 1963, 28 F.R. 9863, author- ized the Secretary of Defense to call into the active military service of the United States units of the Army National Guard and of the Air National Guard of the State of Alabama for an indefinite period and until re- lieved by appropriate orders in order to enforce the laws of the United States and any orders of United States Courts relating to the enrollment and attend- ance of students in public schools in the State of Ala- bama and to suppress unlawful assemblies, conspir- acies, and domestic violence which oppose the law or impede the course of justice under the law within that State; authorized the Secretary of Defense to also use the armed forces of the United States for such pur- poses; and authorized the Secretary of Defense to dele- gate his authority to the Secretary of the Army or the Secretary of the Air Force. § 253. Interference with State and Federal law The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers nec- essary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it— (1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and se- cured by law, and the constituted authorities of that State are unable, fail, or refuse to pro- tect that right, privilege, or immunity, or to give that protection; or (2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws. In any situation covered by clause (1), the State shall be considered to have denied the equal pro- tection of the laws secured by the Constitution. (Aug. 10, 1956, ch. 1041, 70A Stat. 15, § 333; Pub. L. 109–364, div. A, title X, § 1076(a)(1), Oct. 17, 2006, 120 Stat. 2404; Pub. L. 110–181, div. A, title X, § 1068(a)(1), Jan. 28, 2008, 122 Stat. 325; renum- bered § 253, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 333 .......... 50:203. R.S. 5299. The words ‘‘armed forces’’ are substituted for the words ‘‘land or naval forces of the United States’’. The word ‘‘shall’’ is substituted for the words ‘‘it shall be lawful for * * * and it shall be his duty’’. DERIVATION Act Apr. 20, 1871, ch. 22, § 3, 17 Stat. 14. Editorial Notes CODIFICATION Another section 253 was renumbered section 240c of this title. AMENDMENTS 2016—Pub. L. 114–328 renumbered section 333 of this title as this section. 2008—Pub. L. 110–181 amended section generally, sub- stituting provisions directing the President to suppress certain insurrections and domestic violence in a State for provisions authorizing the President to employ the armed forces during a natural disaster or terrorist at- tack or to suppress an insurrection in a State and re- quiring notice to Congress during the exercise of such authority. 2006—Pub. L. 109–364 amended section catchline and text generally, substituting provisions authorizing the President to employ the armed forces during a natural disaster or terrorist attack or to suppress an insurrec- tion in a State and requiring notice to Congress during the exercise of such authority for provisions directing the President to suppress certain insurrections and do- mestic violence in a State.