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Edited on Thu Mar-05-09 12:58 PM by jmg257
under federal law."
Which, since 2006, is now of course perfectly legal under federal law...
John Warner NDA Act; Oct 17, 2006: Public Law No: 109-364
(a) Use of the Armed Forces Authorized.--
(1) In general.--Section 333 of title 10, United States Code, is amended to read as follows:
``Sec. 333. Major public emergencies; interference with State and Federal law
``(a) Use of Armed Forces in Major Public Emergencies.--(1) The President may employ the armed forces, including the National Guard in Federal service, to-- ``(A) restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that-- ``(i) domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; and ``(ii) such violence results in a condition described in paragraph (2); or ``(B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition described in paragraph (2).
``(2) A condition described in this paragraph is a condition that-- ``(A) so hinders the execution of the laws of a State or possession, as applicable, and of the United States within that State or possession, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State or possession are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
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