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US President Donald Trump threatened to call the rebellion law, which the US president did not use in more than three decades.
Trump hinted at the desire to send the army in several American cities, which are mostly guided by elected officials from the Democratic Party, to suffocate what he and others have characterized in his administration as a crime outside of control.
So far, legal battles are played between Trump’s administration and officials in Illinois, California and Oregon, who have not sought or welcomed the federal intervention. But the president could try to take over the more authoritative approach to that.
“If I had to bring it, I would have done it,” he said on Monday. “If people were killed and the courts held us or the governors or mayors held us, of course, I would do that. I mean, I want to be sure that people are not killed. We have to make sure our cities are safe.”
Here are the history and controversy that declared the rebellion.
What is the Law of the Rebellion?
The rebellion law gives the US president the authority to arrange military or federalize troops of the National Guard to stop the uprisings and rebellions.
Although the law is usually called the 1807 rebellion law because it was the year of the then President Thomas Jefferson signed it in the Law, experts like Stephen Vladack, a professor of rights at Georgetown University, have stressed in recent weeks that the role of the army is in stock in domestic law is described not only in one act But in a series of statutes that passed from the end of the 18th century to 1871.
The US federal judge temporarily blocked Trump’s administration to implement all units of the National Guard in Oregon, including the California National Guard. The State of Illinois and the City of Chicago also sued Trump’s administration for its efforts to distribute the troops of the National Guard into that country.
The Law on Rebellion may basically override the Law on Posse Comitatus, adopted in 1878. That the law generally prohibits the federal branches of the army to engage in law enforcement, the responsibilities that rest on the local authorities.
According to the call of the rebellion law, troops can be done by tests or arrests.
When Trump sent a national guards to Los Angeles and other cities last summer, he relied on a different legal basis, section 12406 titles of 10 US Code.
This section forbids the National Guard to perform civilians of law enforcement activities. This means that they can help protect federal officers and property, but it is not allowed to carry out arrests. Democrats and critics of administration have ridiculed images of military members who collect garbage and perform other ordinary tasks.
Why is he controversial?
There is a long American tradition to maintain a federal army from civilian affairs.
The founders of the nation, after witnessing the abuse of the British army during the colonial time, were afraid that the president would unlimited control over the troops would reduce civic freedom, constitutional scholars said.
There is also a matter of the statutes themselves, some of which are characterized as excessively wide or unclear.
“Nothing in the text of the rebellion of the rebellion defines” rebellion, “rebellion, domestic violence” or any other key concepts used in determining the prerequisites for distribution, “Joseph Nunn, a military law historian, wrote 2022 for a liberal non -profit Brennan Center for Justice.
Section 253 of the Rebel Act is particularly problematic, Laura A. Dickinson, a professor of rights at George Washington University, wrote last year.
The section could be interpreted so that “it includes even relatively less obstruction” enforcing the law of “United States or obstacles” the course of justice “according to these laws, such as a small protest that interferes with the activities of law implementation or court proceedings, as long as it was a conspiracy to be done by two or more people” Dickinson wrote for non -profit legal websites.
How do the states react?
Historically, in cases where the rebellion law was called, the presidents and governors usually agreed on the need for troops.
In 2005, then President George W. Bush decided not to call for a rebellion law to send active troops in Louisian after Hurricane Katrina, partly because the state governor opposed the move.
Local officials also express their dissatisfaction in 2025.
“In America, we do not put an army on our streets, unless these are extreme circumstances, such as invasion or rebellion, and these things are not currently in Oregon,” the Attorney General said on Sunday, Dan Rayfield, speaking of the terms in Portland.
The Illinois JB Pritzker government said this week his opinion was that the goal of Trump’s administration “make it seem that peaceful protesters are mining by firing gas pellets and tears canister on them … create an excuse to call for a rebellion law.”
Although US cities have much higher rates of violent crime than cities in other Western countries, in general in the US, the homicide rates of the main station have passed in recent years from the heights seen between the 1970s and 1990s of the pandemic bulge in some cities between 2020 and 2023.
For example, Chicago officials recently said that there were fewer killings in the city last summer than in any year since 1965. Chicago collected 525 murders last year, reports the City Police Directorate, far below the early 1990s, when the number was often above 900 per year.
When was the law used earlier?
The rebellion law has been called about 30 times since its inception, but the last president to do so was George HW Bush in 1992, who acted at the request of Pete Wilson, governor of California.
This request came after the riots were committed in Los Angeles and several ranks of fire after the exempted judgment of four police officers regarding the beating of civilian, Rodney King, which was recorded in the Amateur video in the previous year.
Danova protests have resulted in estimated billions of US dollars and over 60 deaths, several of which remain unresolved crimes to date. Another 2,000 people were injured and 6,000 were arrested.
When he was president, Lyndon Johnson similarly called for the rank in 1967, after being erupted in the African -American neighborhoods in Detroit due to police tactics.
Johnson was one of the three presidents, along with Dwight Eisenhower and John F. Kennedy, who in some cases called the law to protect the rights and safety of the protesters of civil rights or blacks attending schools in the South USA
The most famous use of acts could have been historically when Abraham Lincoln invited him in 1861 as several southern countries separated.
Would Trump be legal?
Joseph Nunn, writing for the Brennan Center, said the case of 1827 set the parameters to the president that he had an exclusive authority to decide when the army could be deployed.
But, in later cases, he wrote, “the Supreme Court suggested that the courts could step if the president acts in bad faith, exceeds the” permitted range of fair judgment “or acts in a way that is obviously unauthorized by law.
However, the current U.S. Supreme Court gave Trump a wide width in unsigned orders this year, where he made authority, including deportations and a widespread rejection of the Federal Government officials. The court has 6-3 slopes of conservative judges, and three named them in his first term.
