National Guard Expert Discusses LA Riots, Labels Situation a "Breach of the Insurrection Act"
MAN'S ON THE STREET, LOCKING HORNS WITH THE PRESIDENT
In the heart of the chaos unfolding during the LA riots, Ret. Brigadier General Michael McDaniel, a seasoned veteran with a robust resume spanning homeland security and law, steps forward with a jarring claim - the President's deployment of thousands of National Guard and Marine troops is, in fact, unlawful.
"The current use of active-duty National Guard and Marine Corps troops against the will of California Governor Gavin Newsom directly contravenes the Insurrection Act," asserts McDaniel, former assistant adjutant general for Homeland Security, Michigan National Guard. "At present, no federal law is being breached. The public has the right to protest. Federal authorities can't enforce federal law. ICE, a federal entity, can only enforce their own laws. However, if they're incapable of enforcing their rules, the president might call for peacekeeping forces like the National Guard," he elucidates.
McDaniel has held prestigious positions such as serving on the National Governors Association's Homeland Security Advisors Council and being named Chair of the State, Local, Tribal, and Territorial Government Coordinating Council by the Office of Infrastructure Protection, Department of Homeland Security, in 2007. His military career includes an impressive 27-year tenure as a State Judge Advocate in the Michigan National Guard and a promotion to Brigadier General in 2007. Previously, he served as the Assistant Attorney General for Litigation in the Executive Division of the Michigan Department of Attorney General. At Cooley Law School, he lectured on Domestic Operations Law and Constitutional Law, and spearheaded an LL.M. program in Homeland and National Security Law.
COOLEY LAW SCHOOL: THE GATEWAY TO JUSTICE
Established to ensure equal access to legal education, Cooley Law School accepts qualified applicants from all over the nation. To date, the school has graduated over 21,000 students, imparting the practical skills necessary for a smooth transition from academia to the real world. Cooley is an independent, non-profit law school, accredited by both the American Bar Association and the Higher Learning Commission of the North Central Association of Colleges and Schools. It offers year-round classes at its Michigan and Florida campuses.
THE INSURRECTION ACT: A DEEP DIVE
Passed in 1807, the Insurrection Act grants the President of the United States the power to deploy military forces, including active-duty National Guard and Marine Corps troops, to quell domestic insurrections and enforce federal laws. The Act has been amended several times, notably in 1871 and 1956, to clarify its implementation.
In order for the President to deploy troops under the Act, there are several prerequisites:
- Request from a State: In situations where a state's government cannot maintain order or enforce its laws due to opposition, the state can request federal intervention.
- Domestic Violence or Rebellion: The President can invoke the Act when there's "domestic violence" or a "rebellion" against the U.S. government that obstructs federal law enforcement through standard legal processes.
- Protection of Constitutional Rights: Historically, the Act has been used to protect constitutional rights that a state failed to protect.
When the President calls upon the Insurrection Act, active-duty troops, including National Guard units under Title 10 of the U.S. Code and Marine Corps troops, may be deployed. These forces function much like police officers while on U.S. soil, holding military authority to enforce civilian laws. The Act, however, is distinct from martial law, which involves the military assuming governmental functions, rather than merely enforcing civilian laws.
- In light of the General's claim during the LA riots, the deployment of National Guard and Marine Corps troops could potentially violate the Insurrection Act, a key provision of constitutional law.
- Cooley Law School, a prestigious institution known for imparting practical skills in domestic operations law and constitutional law, has graduated thousands of students, including Ret. Brigadier General Michael McDaniel.
- Since its passing in 1807, the Insurrection Act has served as a crucial policy-and-legislation instrument, granting the President the authority to deploy military forces during war-and-conflicts or periods of general-news significance, but only when certain prerequisites are met.
