NCJ Number
2037
Date Published
1971
Length
16 pages
Annotation
AN EXAMINATION OF THE REQUIREMENTS AND STANDARDS FOR THE USE OF FEDERAL TROOPS IN RIOT CONTROL.
Abstract
ALTHOUGH RECENT URBAN RIOTS HAVE HIGHLIGHTED THE PROBLEM OF PRESIDENTIAL - POWER TO USE FEDERAL TROOPS TO SUPPRESS DOMESTIC VIOLENCE, THE QUESTION OF WHEN THE PRESIDENT MAY INTERVENE AND WHAT FORMALITIES MUST BE OBSERVED IS NOT NEW. A LONG LIST OF ANTIRIOT ENACTMENTS EVIDENCES THE RECURRENT NATURE OF RIOTS AND REBELLIONS. THESE STATUTORY AND CONSTITUTIONAL PROVISIONS GIVE THE PRESIDENT WIDE RANGING AUTHORITY TO ACT IN RIOT SITUATIONS. THEY DO, HOWEVER, RAISE A NUMBER OF TROUBLESOME QUESTIONS OF INTERPRETATION. ALTHOUGH THE DEVELOPMENT OF INTERPRETIVE STANDARDS UNDER THESE PROVISIONS HAS TAKEN PLACE LARGELY WITHOUT RECOURSE TO THE JUDICIARY-THE PRESIDENT CAN NOT BE ORDERED TO SEND IN TROOPS IF HE DOES NOT WISH TO DO SO, NOR COULD HE BE FORCED TO KEEP THEM IN AN AREA LONGER THAN HE THOUGHT NECESSARY. PAST PRESIDENTS HAVE DEVELOPED CERTAIN PRACTICES WHICH HAVE CONSIDERABLE FORCE AS PRECEDENT. NEVERTHELESS, AS IN ANY AREA OF THE LAW, DIFFERENCES CAN ARISE CONCERNING THE MEANING OF THE RELEVANT CONSTITUTIONAL AND STATUTORY PHRASES. REFERENCES