Constitution: domestic terrorism by libs/democrats becomes insurrection or civil war

 Constitution: domestic terrorism by libs/democrats becomes insurrection or civil war

https://draft.blogger.com/blog/post/edit/6367861808395665491/522053735661880801

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When domestic terrorism by liberals and democrats becomes insurrection or civil war requiring proper military intervention:

Relevant Constitutional Provisions:

1. Article I, Section 8, Clause 15 – Grants Congress the power to call forth the militia to suppress insurrections and repel invasions.
2. Article II, Section 2 – Establishes the President as the Commander in Chief of the military, allowing for federal military intervention in extreme cases.
3. Article IV, Section 4 – Guarantees that the U.S. government will protect states against invasion and domestic violence upon request.
4. The Insurrection Act (10 U.S.C. §§ 251-255) – Allows the President to deploy military forces to suppress rebellion or insurrection when local authorities are unable to maintain order.

Historical Context and Court Cases:

• Ex parte Milligan (1866) – The Supreme Court ruled that military tribunals cannot try civilians when civilian courts are operational, reinforcing limits on military intervention.
• The Insurrection Act Usage – This law has been invoked in cases such as the 1992 Los Angeles riots and desegregation enforcement in the 1950s-60s.
• January 6, 2021 Capitol Riot – Raised discussions on what constitutes an insurrection and when military intervention is justified.

For military action to be taken, an event must meet the legal definition of an insurrection or rebellion, typically involving an organized attempt to overthrow the government or obstruct its functions violently. The decision to deploy military forces is heavily scrutinized and must align with constitutional and legal frameworks.

Sources

1 On the Constitution of the United States by Joseph Story

2 The United States Supreme Court Edited by Christopher Tomlins

3 U.S. Constitution for Everyone by Mort Green

4 The Making of America by W. Cleon Skousen

5 The Constitution of the United States of America as Amended. Unratified Amendments. Analytical Index by Henry Hyde

In addition:

Let’s break this down based on the constitutional provisions, laws, and historical context provided above, while addressing the legal and practical considerations.

Legal Framework for Declaring an Insurrection or Civil War

1. Constitutional Provisions:
   • Article I, Section 8, Clause 15: Congress has the authority to call forth the militia (which today includes the National Guard) to "execute the Laws of the Union, suppress Insurrections and repel Invasions." This implies that an event must be severe enough to disrupt the enforcement of federal law or threaten national stability, and Congress plays a key role in authorizing such a response.
   • Article II, Section 2: As Commander in Chief, the President can direct military forces, but this power is not unilateral—it’s constrained by law and typically requires a clear justification, such as a breakdown of civil order or an armed rebellion.
   • Article IV, Section 4: The federal government must protect states from "domestic violence" if a state requests it. This suggests a scenario where state authorities are overwhelmed and seek federal intervention.
2. The Insurrection Act (10 U.S.C. §§ 251-255):
   • This law gives the President authority to deploy federal troops or federalize the National Guard to suppress an insurrection, rebellion, or situation where local authorities cannot maintain order. Historically, it’s been used sparingly—for example, during the 1992 LA riots (widespread civil unrest) and to enforce desegregation (opposition to federal law).
   • The Act requires a high threshold: the President must issue a proclamation ordering insurgents to disperse before deploying forces, and the action must be tied to a clear threat to governance or public safety.
3. Defining Insurrection or Civil War:
   • An insurrection is generally understood as an organized, violent uprising against the government or its authority, aimed at obstructing laws or overthrowing it. The legal definition isn’t rigid but often involves armed resistance or coordinated efforts to disrupt governmental functions (e.g., January 6, 2021, was debated as a potential insurrection due to its attack on the Capitol).
   • A civil war implies a broader, sustained conflict between factions within a nation, typically with competing claims to power or territory. The U.S. Civil War (1861–1865) is the benchmark, but no modern event has reached that scale.

Applying This to "Domestic Terrorism by Democrats and Liberals"

To classify actions by any group—here, "Democrats and liberals"—as an insurrection or civil war requiring military action, several conditions would need to be met:

• Organized Violence: Sporadic acts of domestic terrorism (e.g., bombings, riots, or assassinations) wouldn’t automatically qualify. There must be evidence of a coordinated effort to overthrow the government or prevent it from functioning. For example, if a faction within the Democratic Party or liberal activists formed an armed movement explicitly aiming to topple federal authority, that could meet the threshold.
• Scale and Impact: The actions must overwhelm local and state law enforcement, necessitating federal intervention. Isolated incidents, even if politically motivated, are typically handled by civilian authorities (police, FBI) rather than the military.
• Intent: Courts and lawmakers would scrutinize whether the group’s goal is to subvert the Constitution or seize power, not just to protest or commit crimes. Political affiliation alone (e.g., being Democrats) wouldn’t suffice—specific actions and objectives matter.

Historical Precedents and Limitations

• Ex parte Milligan (1866): This case limits military overreach. If civilian courts and law enforcement can handle the situation, military action (or martial law) is unconstitutional. So, unless "Democrats and liberals" created a crisis beyond civilian control, military deployment would face legal challenges.
• January 6, 2021: The Capitol riot prompted debates about insurrection, but no military action was taken under the Insurrection Act—law enforcement and the National Guard sufficed. This suggests a high bar for labeling political violence as an insurrection warranting military response.
• Past Uses of the Insurrection Act: Deployments have occurred in response to riots or resistance to federal mandates (e.g., desegregation), but these were about restoring order, not combating a political ideology as a whole.

Practical and Political Considerations

• Labeling a Political Group: Declaring "Democrats and liberals" as insurgents would be unprecedented and politically explosive, given their status as a major party and broad ideological coalition. It would require overwhelming evidence of a unified, violent conspiracy—far beyond individual acts of terrorism.
• Civil War Threshold: A civil war would imply a sustained, armed conflict with clear sides (e.g., secessionist states vs. the federal government). No current or historical actions by Democrats or liberals approach this level of escalation.
• Government Response: The decision to use military force would involve the President, Congress, and likely the courts. It’s not automatic—legal and public scrutiny would be intense, especially if targeting a specific political faction.

Hypothetical Scenario

Imagine a situation where a radical subset of liberals, claiming Democratic support, launches coordinated attacks on government institutions, declares intent to overthrow the Constitution, and arms itself against federal forces. If state governments couldn’t contain it and requested aid, the President could invoke the Insurrection Act, and Congress could authorize militia deployment. Military action might follow if the group’s actions paralyzed governance or escalated into widespread rebellion. However, this remains speculative—nothing in recent history suggests such a scenario.

Conclusion

Domestic terrorism by any group, including "Democrats and liberals," could be declared an insurrection if it’s an organized, violent attempt to overthrow the government or obstruct its laws, exceeding local control. Military action could follow under the Insurrection Act or constitutional provisions, but only in extreme, well-documented cases. Historically, the U.S. has reserved such measures for rare, large-scale threats, not ideological labels or isolated acts. The bar is deliberately high to balance security with civil liberties.