The President Has the Constitutional Power to Restore Order. He Must Act.

What has happened over the last few nights in major cities of the United States is unacceptable. It has gotten worse because of federal and state passivity.

Law enforcement is a vital response to any riotous uprising. Indeed, I believe the failure to enforce the laws without apology from the start of the upheaval last week has fueled its ferocity. It would be naïve to claim that much of the violence, which is being incited and coordinated by radical groups, might not have happened anyway — these groups are always on a hair-trigger, pouncing on any opportunity to make mayhem. But how badly things get out of control has a lot to do with the resolve of state and federal law enforcement. The laws do not enforce themselves.

Progressive dogma notwithstanding, rioting spearheaded by radicals and anarchists does not exhaust itself if governments just give them time and space to get their yah-yahs out. Passivity, conveying the message that the laws will not be enforced, is provocative. It increases the appetite for rioting, which is only sated once the sociopaths have run out of things to burn and loot.

That said, law enforcement on its own is inadequate to restore order once order has been lost. Police and prosecutorial offices simply do not have the resources to quell widespread seditionist violence. Consequently, other provisions of law must be considered.

Under Article IV of the Constitution, the United States guarantees every state a republican form of government, protection against invasion, and — on request of the state government — protection from domestic violence. In furtherance of this provision, Congress enacted legislation, most notably, the Insurrection Act of 1807, which empowers the president “to suppress, in any State, any insurrection, domestic violence, unlawful combination, or conspiracy.” Obviously, suppressing such attacks requires deploying the United States armed forces as needed.

Following Hurricane Katrina, the Insurrection Act was beefed up to enable presidents to respond to natural disasters, public-health emergencies, terrorist attacks, and other catastrophic conditions. As one might expect, state governors worried that this amendment was a federal power grab that would erode the authority of state and local governments over their internal affairs, and thrust the military into domestic policing. The Posse Comitatus Act of 1878 had long barred the deployment of the armed forces for domestic law-enforcement purposes. Posse comitatus, however, has always been subject to express constitutional and statutory exceptions, and the Insurrection Act is such an exception.

One effect of the Insurrection Act and its amendments has thus been to bolster the power of the federal government to respond to domestic terrorism. Although the Constitution calls for a state to request federal assistance to combat domestic violence before the president acts, that condition is more apparent than real.

Read the rest from Andrew C. McCarthy HERE and follow links below to related stories/opinions:

The History of Presidents Using Military to Restore Order Within US

First, Restore Order

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