§253 — Title 10 Armed Forces | U.S. Code

Summary

The President must use the militia, the armed forces, or other means to stop an insurrection, domestic violence, illegal group action, or plot in a State when certain conditions exist. This is required when either (1) the unrest makes it so hard to enforce state and federal laws that some people are denied a constitutional right and the State’s officials cannot or will not protect that right, or (2) the disturbance blocks or interferes with enforcing federal laws or with the federal justice system doing its job.

Title 10, §253

Armed Forces — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 33350:203.R.S. 5299. 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”. DerivationAct Apr. 20, 1871, ch. 22, § 3, 17 Stat. 14.

Editorial Notes

Codification Another section 253 was renumbered section 240c of this title.

Amendments

2016—Pub. L. 114–328 renumbered section 333 of this title as this section. 2008—Pub. L. 110–181 amended section generally, substituting provisions directing the President to suppress certain insurrections and domestic violence in a State for provisions authorizing the President to employ the armed forces during a natural disaster or terrorist attack or to suppress an insurrection in a State and requiring notice to Congress during the exercise of such authority. 2006—Pub. L. 109–364 amended section catchline and text generally, substituting provisions authorizing the President to employ the armed forces during a natural disaster or terrorist attack or to suppress an insurrection in a State and requiring notice to Congress during the exercise of such authority for provisions directing the President to suppress certain insurrections and domestic violence in a State.

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 Amendment Pub. L. 110–181, div. A, title X, § 1068(d), Jan. 28, 2008, 122 Stat. 326, provided that: “The

Amendments

made by this section [amending this section and section 334 and 12304 of this title and repealing section 2567 of this title] shall take effect on the date of the enactment of this Act [Jan. 28, 2008].”

§253 Interference with State and Federal Law

Summary

Title 10, §253

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata