"Martial law is essentially the absence of law," Banks added. Generally, martial law means that the military takes over civilian control of the government, whereas the Insurrection Act applies to specific instances of rebellion or refusal to uphold the law and requires a state's National Guard or the U.S. "It's not enshrined anywhere," said Thaddeus Hoffmeister, a law professor at the University of Dayton. The Insurrection Act is a law while "martial law" is a concept that doesn't have a legal definition in the U.S. Watch Video: Trump supporters infiltrate the Capitol: States of America How does it differ from martial law? ![]() More: Here's what the 25th Amendment says about removing a president The Insurrection Act is generally reserved for when "things are really bad," Banks said. In most cases, a state would want to rely on National Guard troops in situations of unrest. ![]() law an exception to that background principle," Banks said. William Banks, a Syracuse University College of Law Board of Advisors Distinguished Professor, said that when thinking about the Insurrection Act, it's important to remember one of the most basic principles of the United States' founding: that the military not be involved in civilian affairs. The Act also requires the president to issue a proclamation demanding those participating in the insurrection disperse. The Insurrection Act gives the president authority to call on military and National Guard forces to suppress an insurrection if a state requests it, if there is an insurrection that makes it impossible to enforce federal law, or if there is an insurrection or domestic violence that deprives others of their Constitutional rights. Bush during the unrest in Los Angeles after the acquittal of police officers who beat Rodney King. It was last invoked in 1992 by George H.W. ![]() The law, which has existed in various forms since the time of George Washington and in its current state since the Civil War, allows the president to dispatch the military or federalize the National Guard in states that are unable to put down an insurrection or are defying federal law. Tweets sharing images of military personnel in Washington continued to spread Monday morning and became a trending term on Twitter. Capitol riots had invoked the Insurrection Act, a law that allows the president to deploy the military to quell rebellion. Watch Video: Insurrection Act: What is it and how is it used? Here's what to knowįalse social media posts swirled late Sunday that President Donald Trump in the wake of the U.S.
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