Friday, September 16, 2005

FindLaw: U.S. Constitution: Article II: Annotations pg. 9 of 18

FindLaw: U.S. Constitution: Article II: Annotations pg. 9 of 18:

"Martial Law and Domestic Disorder .--President Washington himself took command of state militia called into federal service to quell the Whiskey Rebellion, but there were not too many occasions subsequently in which federal troops or state militia called into federal service were required. 217 Since World War II, however, the President, by virtue of his own powers and the authority vested in him by Congress, 218 has utilized federal troops on nine occasions, five of them involving resistance to desegregation decrees in the South. 219 In 1957, Governor Faubus employed the Arkansas National Guard to resist court-ordered desegregation in Little Rock, and President Eisenhower dispatched federal soldiers and brought the Guard under federal authority. 220 In 1962, President Kennedy dispatched federal troops to Oxford, Mississippi, when upon the admission of an African American student to the University of Mississippi rioting broke out, with which federal marshals originally assigned could not cope. 221 In June and September of 1964, President Johnson sent troops into Alabama to enforce court decrees opening schools to blacks. 222 And in 1965, the President used federal troops and federalized local Guardsmen to protect participants in a civil rights march. 223 The President justified his action on the ground that there was a substantial likelihood of domestic violence because state authorities were refusing the marchers protection. 224 "

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