10 U.S.C. § 253 — Interference with State and Federal law

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. Page 339 TITLE 10—ARMED FORCES § 255 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–181, div. A, title X, § 1068(d), Jan. 28, 2008, 122 Stat. 326, provided that: ‘‘The amendments made by this section [amending this section and sections 334 and 12304 of this title and repealing section 2567 of this title] shall take effect on the date of the enactment of this Act [Jan. 28, 2008].’’ § 254. Proclamation to disperse Whenever the President considers it necessary to use the militia or the armed forces under this chapter, he shall, by proclamation, immediately order the insurgents to disperse and retire peaceably to their abodes within a limited time. (Aug. 10, 1956, ch. 1041, 70A Stat. 16, § 334; Pub. L. 109–364, div. A, title X, § 1076(a)(2), Oct. 17, 2006, 120 Stat. 2405; Pub. L. 110–181, div. A, title X, § 1068(a)(2), Jan. 28, 2008, 122 Stat. 325; renum- bered § 254, 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) 334 .......... 50:204. R.S. 5300. The words ‘‘militia or the armed forces’’ are sub- stituted for the words ‘‘military forces’’ for clarity and to conform to sections 331, 332, and 333 of this title. DERIVATION Act July 29, 1861, ch. 25, § 2, 12 Stat. 282. Editorial Notes CODIFICATION Another section 254 was renumbered section 240d of this title. AMENDMENTS 2016—Pub. L. 114–328 renumbered section 334 of this title as this section. 2008—Pub. L. 110–181 struck out ‘‘or those obstructing the enforcement of the laws’’ after ‘‘insurgents’’. 2006—Pub. L. 109–364 inserted ‘‘or those obstructing the enforcement of the laws’’ after ‘‘insurgents’’. Executive Documents PROC. NO. 3204. OBSTRUCTION OF JUSTICE IN THE STATE OF ARKANSAS Proc. No. 3204, Sept. 23, 1957, 22 F.R. 7628, commanded all persons in the State of Arkansas who were obstruct- ing the enforcement of orders of the United States Dis- trict Court for the Eastern District of Arkansas relat- ing to enrollment and attendance at public schools, particularly Central High School at Little Rock, Ar- kansas, to cease and desist therefrom and to disperse forthwith. PROC. NO. 3497. OBSTRUCTION OF JUSTICE IN THE STATE OF MISSISSIPPI Proc. No. 3497, Sept. 30, 1962, 27 F.R. 9681, commanded all persons in the State of Mississippi who were ob- structing the enforcement of orders entered by the United States District Court for the Southern District of Mississippi and the United States Court of Appeals for the Fifth Circuit to cease and desist therefrom and to disperse and retire peaceably forthwith. PROC. NO. 3542. UNLAWFUL OBSTRUCTION OF JUSTICE AND COMBINATIONS IN THE STATE OF ALABAMA Proc. No. 3542, June 11, 1963, 28 F.R. 5707, commanded the Governor of the State of Alabama and all other per- sons who were obstructing the orders of the United States District Court for the Northern District of Ala- bama relating to the enrollment and attendance of Negro students at the University of Alabama to cease and desist therefrom. PROC. NO. 3554. OBSTRUCTION OF JUSTICE IN THE STATE OF ALABAMA Proc. No. 3554, Sept. 10, 1963, 28 F.R. 9861, commanded all persons obstructing the enforcement of orders en- tered by the United States District Courts in the State of Alabama relating to the enrollment and attendance of students in public schools in that State to cease and desist therefrom and to disperse and retire peaceably forthwith. PROC. NO. 3645. OBSTRUCTION OF JUSTICE IN THE STATE OF ALABAMA Proc. No. 3645, Mar. 23, 1965, 30 F.R. 3739, commanded all persons engaged or who may engage in domestic vi- olence obstructing the enforcement of the laws and the judicial order approving the right to march along U.S. Highway 80 from Selma to Montgomery, Alabama com- mencing during the period from Mar. 19, 1965 to Mar. 22, 1965 and terminating within 5 days of the commence- ment to cease and desist therefrom and to disperse forthwith. PROC. NO. 3795. OBSTRUCTION OF JUSTICE IN THE STATE OF MICHIGAN Proc. No. 3795, July 26, 1967, 32 F.R. 10905, commanded all persons engaged in domestic violence and disorder in Detroit, Michigan, and obstructing the enforcement of the laws to cease and desist therefrom and to dis- perse forthwith. PROC. NO. 3840. OBSTRUCTION OF JUSTICE IN THE WASHINGTON METROPOLITAN AREA Proc. No. 3840, Apr. 9, 1968, 33 F.R. 5495, commanded all persons engaged in acts of violence threatening the Washington Metropolitan Area and obstructing the execution of the laws to cease and desist therefrom and to disperse forthwith. PROC. NO. 3841. OBSTRUCTION OF JUSTICE IN THE STATE OF ILLINOIS Proc. No. 3841, Apr. 9, 1968, 33 F.R. 5497, commanded all persons engaged in violence in and about the City of Chicago and obstructing the enforcement of the laws to cease and desist therefrom and to disperse forthwith. PROC. NO. 3842. OBSTRUCTION OF JUSTICE IN THE STATE OF MARYLAND Proc. No. 3842, Apr. 9, 1968, 33 F.R. 5499, commanded all persons engaged in acts of violence and obstructing the enforcement of the laws in and about the City of Baltimore to cease and desist therefrom and to disperse forthwith. § 255. Guam and Virgin Islands included as ‘‘State’’ For purposes of this chapter, the term ‘‘State’’ includes Guam and the Virgin Islands. (Added Pub. L. 90–497, § 11, Sept. 11, 1968, 82 Stat. 847, § 335; amended Pub. L. 96–513, title V, § 511(11)(A), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 109–163, div. A, title X, § 1057(a)(8), Jan. 6, 2006, 119 Stat. 3441; renumbered § 255, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 renumbered section 335 of this title as this section.