22 May, 2008
Insurrection Act Restored: States Likely to Maintain Authority over National Guard in Domestic Emergencies
U.S. Army Command and General Staff College. School of Advanced Military Studies
Beckler, Mark M.
"Before 2006, the President had multiple legal bases available to authorize his use of federal military forces in a variety of law enforcement and natural disaster circumstances. Nevertheless, Congress amended the Insurrection Act in 2006 to create the Enforcement of the Laws to Restore Public Order. This statute stirred controversy as it arguably represented an unwarranted expansion of Presidential power. Additionally, while statute attempted to address the kind of lawlessness seen in New Orleans immediately following Hurricane Katrina in 2005, the provision arguably offered no improvement over the Insurrection Act in instances of lawlessness or the Stafford Act in instances of disaster. Without ever having been invoked, and in the face of strong opposition, the Enforcement of the Laws to Restore Public Order was repealed on January 28, 2008 and the previous Insurrection Act was restored. This monograph reviews the Enforcement of the Laws to Restore Public Order statute and concludes that it was prudent to repeal this legislation. Moreover, this monograph recommends that future laws and policies to improve disaster response across the whole-of-government and the private sector should be consistent with the principles in the 2008 National Response Framework, which advocates tiered response rather than a primarily federal response in most instances. The rare instances of catastrophic disaster that might require the President to shortcut tiered response and assume federal control at the outset of the situation should be clearly defined in law. "
  • URL
  • Author
    Beckler, Mark M.
  • Publisher
    U.S. Army Command and General Staff College. School of Advanced Military Studies
  • Date
    22 May, 2008
  • Copyright
    Public Domain
  • Retrieved From
    Defense Technical Information Center (DTIC): www.dtic.mil/dtic/
  • Format
  • Media Type
  • Subjects
    Emergency management
    Military/Civil-military relations

Citing HSDL Resources

Documents from the HSDL collection cannot automatically be added to citation managers (e.g. Refworks, Endnotes, etc). This HSDL abstract page contains some of the pieces you may need when citing a resource, such as the author, publisher and date information. We highly recommend you always refer to the resource itself as the most accurate source of information when citing. Here are some sources that can help with formatting citations (particularly for government documents).

Worldcat: http://www.worldcat.org/

Indiana University Guide: Citing U.S. Government Publications: http://libraries.iub.edu/guide-citing-us-government-publications
Clear examples for citing specific types of government publications in a variety of formats. It does not address citing according to specific style guides.

Naval Postgraduate School: Dudley Knox Library. Citing Styles: http://libguides.nps.edu/citation
Specific examples for citing government publications according to APA and Chicago style guides. Click on the link for your preferred style then navigate to the specific type of government publication.

Scroll to Top