8. circumstances in which something is necessary, or that require some course of action; necessity.

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Page 2

EMPLOYMENT OF FEDERAL ARMED FORCES

2-1. Common types. In addition to the provisions of the Constitution and other basic legal principles, there are numerous statutes authorizing the employment of Federal Armed Forces in cases of violence, or for other specific purposes, within any State and within the territories of the United States. The possibility of employment under many of these provisions is considered remote, and only those instances where employment is most likely are treated in this paragraph. Additional constitutional and statutory provisions are cited in paragraph 2-2.

a. To aid State civil authorities at the request of the State. Article IV, section 4, of the Constitution makes it the duty of the Federal Government at the request of the legislature of any State (or of the Governor if the legislature cannot be convened), to protect the State against domestic violence. Congress has enacted legislation authorizing the President to utilize Federal Armed Forces for this purpose. See 10 USC 331, 3500.

b. To enforce Federal authority. Article II, Section 3, of the Constitution makes it the duty of the President to see that the laws of the United States are faithfully executed. Congress has implemented this provision by providing that whenever the President considers that unlawful 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 or territory by the ordinary course of judicial proceedings, he may utilize such Federal Armed Forces as he deems necessary to enforce those laws or to suppress the rebellion. See 10 USC 332, 3500.

c. To protect the civil rights of citizens within any State. The 14th Amendment of the Constitution forbids any State to deny equal protection of the laws to any person within its jurisdiction. In implementation of this provision and of Article II, Section 3, mentioned above, Congress has provided that whenever insurrection, civil violence, unlawful combinations, or conspiracies in any State so oppose, obstruct, or hinder the execution of the laws of the State, and of the United States,

as to deprive any of the population of that State of rights, privileges, and immunities named in the Constitution and secured by laws, and the authorities of that State are unable, fail, or refuse to provide such protection, it will be deemed a denial by that State of the equal protection of the laws. Thereupon, it becomes the duty of the President to take such measures, by intervention with Federal Armed Forces, or by other means, as he deems necessary, to suppress such disturbances. See 10 USC 333, 3500. 2-2. Other statutory provisions. a. Insurrection after intervention (see also para 2–1a, b, and c): See 12 Stat. 257, 281 50 USC 205.

b. Military areas and zones. Sce 18 USC 1383.

c. Miscellaneous. The President is authorized by statutes to employ, at his discretion, the military forces for the following purposes. (See statutes cited for full text of laws, only the general purposes of which are herein stated):

(1) Civil rights. To authorize persons appointed to execute warrants issued to enforce certain laws enacted for the safeguarding of civil rights to summon the land and naval forces for assistance. See 36 Stat. 1167, 42 USC 1989.

(2) Indians. To remove unauthorized persons from lands belonging by treaty to Indian tribes. See 4 Stat. 730, 25 USC 180.

(3) Public lands. For the preservation and protection of certain public lands and public lands generally. See 3 Stat. 651, 16 USC 593; Sec. 1, act 3 March 1807, 2 Stat. 445; Sec. 5, act 25 February 1885, 23 Stat. 322, 43 USC 1065; Sec. 1, act 6 June 1900, 31 Stat. 618, 16 USC 78; act 3 March 1883, 22 Stat. 627, 16 USC 23.

(4) Offenses against neutrality. To enforce neutrality by preventing belligerents in foreign wars from using territory of the United States and to prevent the illegal exportation of war material. See Sec. 14, act 4 March 1909, 35 Stat. 1901, as amended, 22 USC 462; Sec. 4, title II, act 1.5 June 1917,40 Stat. 225, 22 USC 408.

(5) Customs and public health. To enforce customs laws of the United States. Sec 12 Stat. 256, 50 USC 220.