Insurrection Act - Repeal of Amendments

Repeal of Amendments

The changes described above were repealed in their entirety by HR 4986: National Defense Authorization Act for Fiscal Year 2008 (full text)SEC. 1068.

SEC. 1068. REPEAL OF PROVISIONS IN SECTION 1076 OF PUBLIC LAW 109–364 RELATING TO USE OF ARMED FORCES IN MAJOR PUBLIC EMERGENCIES. (a) INTERFERENCE WITH STATE AND FEDERAL LAWS.— (1) IN GENERAL.—Section 333 of title 10, United States Code, is amended to read as follows: ‘‘§ 333. 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 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.’’. (2) PROCLAMATION TO DISPERSE.—Section 334 of such title is amended by striking ‘‘or those obstructing the enforcement of the laws’’ after ‘‘insurgents’’. (3) HEADING AMENDMENT.—The heading

Read more about this topic:  Insurrection Act

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