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10 USC CHAPTER 15 - INSURRECTION 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 15 - INSURRECTION

.

-HEAD-

CHAPTER 15 - INSURRECTION

-MISC1-

Sec.

331. Federal aid for State governments.

332. Use of militia and armed forces to enforce Federal authority.

333. Interference with State and Federal law.

334. Proclamation to disperse.

335. Guam and Virgin Islands included as ''State''.

(336. Repealed.)

AMENDMENTS

1980 - Pub. L. 96-513, title V, Sec. 511(11)(C), Dec. 12, 1980,

94 Stat. 2921, added item 335.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 101, 115 of this title;

title 6 section 466; title 38 section 4312.

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10 USC Sec. 331 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 15 - INSURRECTION

-HEAD-

Sec. 331. Federal aid for State governments

-STATUTE-

Whenever there is an insurrections in any State against its

government, the President may, upon the request of its legislature

or of its governor 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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 15.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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331 50:201. R.S. 5297.

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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 ''executive''. The word ''may'' is

substituted for the words ''it shall be lawful * * * to''. The

words ''into Federal service'' are substituted for the word

''forth'' for uniformity and clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 6323.

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10 USC Sec. 332 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 15 - INSURRECTION

-HEAD-

Sec. 332. Use of militia and armed forces to enforce Federal

authority

-STATUTE-

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 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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 15.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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332 50:202. R.S. 5298.

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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, Sec. 1, 12 Stat. 281.

-EXEC-

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, authorized the

Secretary of Defense to order into the active military service of

the United States units of the National Guard of the United States

and of the Air National 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, Arkansas; authorized the Secretary of Defense to also

use the armed forces of the United States to enforce such orders 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 UNLAWFUL OBSTRUCTIONS

OF JUSTICE IN THE STATE OF MISSISSIPPI

Ex. Ord. No. 11053, Sept. 30, 1962, 27 F.R. 9681, authorized 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 removal of obstructions to justice in

the State of Mississippi; 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 OBSTRUCTIONS OF

JUSTICE AND SUPPRESSION OF UNLAWFUL COMBINATIONS WITHIN THE STATE

OF ALABAMA

Ex. Ord. No. 11111, June 11, 1963, 28 F.R. 5709, authorized 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 relieved by appropriate orders in order to enforce the laws

of the United States within that State and the orders of the United

States District Court for the Northern District of Alabama, to

remove obstructions to justice, 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 UNLAWFUL OBSTRUCTIONS

OF JUSTICE IN THE STATE OF ALABAMA

Ex. Ord. No. 11118, Sept. 10, 1963, 28 F.R. 9863, authorized 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 relieved 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 attendance of students in public

schools in the State of Alabama and to suppress unlawful

assemblies, conspiracies, 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 purposes; and authorized the

Secretary of Defense to delegate his authority to the Secretary of

the Army or the Secretary of the Air Force.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 6323.

-CITE-

10 USC Sec. 333 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 15 - INSURRECTION

-HEAD-

Sec. 333. Interference with State and Federal law

-STATUTE-

The President, by using the militia or the armed forces, or both,

or by any other means, shall take such measures as he considers

necessary 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 secured by law, and the constituted

authorities of that State are unable, fail, or refuse to protect

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 protection of the laws secured

by the Constitution.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 15.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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333 50:203. R.S. 5299.

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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, Sec. 3, 17 Stat. 14.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 6323.

-CITE-

10 USC Sec. 334 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 15 - INSURRECTION

-HEAD-

Sec. 334. Proclamation to disperse

-STATUTE-

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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 16.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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334 50:204. R.S. 5300.

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The words ''militia or the armed forces'' are substituted 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, Sec. 2, 12 Stat. 282.

-EXEC-

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 obstructing the

enforcement of orders of the United States District Court for the

Eastern District of Arkansas relating to enrollment and attendance

at public schools, particularly Central High School at Little Rock,

Arkansas, 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 obstructing 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 persons who were

obstructing the orders of the United States District Court for the

Northern District of Alabama 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 entered 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 violence 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 commencing during the period from Mar. 19, 1965 to Mar. 22,

1965 and terminating within 5 days of the commencement 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 disperse 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2662 of this title.

-CITE-

10 USC Sec. 335 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 15 - INSURRECTION

-HEAD-

Sec. 335. Guam and Virgin Islands included as ''State''

-STATUTE-

For purposes of this chapter, the term ''State'' includes the

unincorporated territories of Guam and the Virgin Islands.

-SOURCE-

(Added Pub. L. 90-497, Sec. 11, Sept. 11, 1968, 82 Stat. 847;

amended Pub. L. 96-513, title V, Sec. 511(11)(A), Dec. 12, 1980, 94

Stat. 2920.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-513 inserted ''and Virgin Islands'' after

''Guam'' in section catchline and inserted provision respecting

applicability to the Virgin Islands.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

EFFECTIVE DATE

Section 11 of Pub. L. 90-497 provided that this section is

effective on date of enactment of Pub. L. 90-497, which was

approved on Sept. 11, 1968.

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10 USC Sec. 336 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 15 - INSURRECTION

-HEAD-

(Sec. 336. Repealed. Pub. L. 96-513, title V, Sec. 511(11)(B), Dec.

12, 1980, 94 Stat. 2921)

-MISC1-

Section, added Pub. L. 90-496, Sec. 12, Aug. 23, 1968, 82 Stat.

841, included Virgin Islands within ''State''. See section 335 of

this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Dec. 12, 1980, see section 701(b)(3) of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-