
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC332]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
                        CHAPTER 15--INSURRECTION
 
Sec. 332. Use of militia and armed forces to enforce Federal 
        authority
        
    Whenever the President considers that unlawful obstructions, 
combinations, or assemblages, or rebellion against the authority of the 
United States, make it impracticable to enforce the laws of the United 
States in any State or Territory by the ordinary course of judicial 
proceedings, he may call into Federal service such of the militia of any 
State, and use such of the armed forces, as he considers necessary to 
enforce those laws or to suppress the rebellion.

(Aug. 10, 1956, ch. 1041, 70A Stat. 15.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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332...................................  50:202.                              R.
S. 5298.
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    50:202 (last 22 words) is omitted as surplusage. The words ``armed 
forces'' are substituted for the words ``land and naval forces of the 
United States''. The words ``call into Federal service such of the 
militia'' are substituted for the words ``call forth the militia of any 
or all the States'' for clarity and uniformity. The word ``may'' is 
substituted for the words ``it shall be lawful''. The words ``faithful 
execution of the'' and ``in whatever State or Territory thereof the laws 
of the United States may be forcibly opposed'' are omitted as 
surplusage.


                               Derivation

    Act July 29, 1861, ch. 25, Sec. 1, 12 Stat. 281.

Ex. Ord. No. 10730. Assistance for Removal of an Obstruction of Justice 
                      Within the State of Arkansas

    Ex. Ord. No. 10730, Sept. 24, 1957, 22 F.R. 7628, authorized the 
Secretary of Defense to order into the active military service of the 
United States units of the National Guard of the United States and of 
the Air National Guard of the United States within the State of Arkansas 
for an indefinite period and until relieved by appropriate orders in 
order to enforce any orders of the United States District Court for the 
Eastern District of Arkansas for the removal of obstructions to justice 
in respect to enrollment and attendance at public schools in the Little 
Rock School District, Little Rock, Arkansas; authorized the Secretary of 
Defense to also use the armed forces of the United States to enforce 
such orders of the district court; and authorized the Secretary of 
Defense to delegate his authority to the Secretary of the Army or the 
Secretary of the Air Force.

 Ex. Ord. No. 11053. Assistance for Removal of Unlawful Obstructions of 
                   Justice in the State of Mississippi

    Ex. Ord. No. 11053, Sept. 30, 1962, 27 F.R. 9681, authorized the 
Secretary of Defense to call into the active military service of the 
United States units of the Army National Guard and of the Air National 
Guard of the State of Mississippi for an indefinite period and until 
relieved by appropriate orders in order to enforce all orders of the 
United States District Court for the Southern District of Mississippi 
and of the United States Court of Appeals for the Fifth Circuit for the 
removal of obstructions to justice in the State of Mississippi; 
authorized the Secretary of Defense to also use the armed forces of the 
United States to enforce such court orders; and authorized the Secretary 
of Defense to delegate his authority to the Secretary of the Army or the 
Secretary of the Air Force.

 Ex. Ord. No. 11111. Assistance for Removal of Obstructions of Justice 
  and Suppression of Unlawful Combinations Within the State of Alabama

    Ex. Ord. No. 11111, June 11, 1963, 28 F.R. 5709, authorized the 
Secretary of Defense to call into the active military service of the 
United States units of the Army National Guard and of the Air National 
Guard of the State of Alabama for an indefinite period and until 
relieved by appropriate orders in order to enforce the laws of the 
United States within that State and the orders of the United States 
District Court for the Northern District of Alabama, to remove 
obstructions to justice, and to suppress unlawful assemblies, 
conspiracies, and domestic violence which oppose the laws of the United 
States or impede the course of justice under those laws within that 
State; authorized the Secretary of Defense to also use the armed forces 
of the United States for such purposes; and authorized the Secretary of 
Defense to delegate his authority to the Secretary of the Army or the 
Secretary of the Air Force.

 Ex. Ord. No. 11118. Assistance for Removal of Unlawful Obstructions of 
                     Justice in the State of Alabama

    Ex. Ord. No. 11118, Sept. 10, 1963, 28 F.R. 9863, authorized the 
Secretary of Defense to call into the active military service of the 
United States units of the Army National Guard and of the Air National 
Guard of the State of Alabama for an indefinite period and until 
relieved by appropriate orders in order to enforce the laws of the 
United States and any orders of United States Courts relating to the 
enrollment and attendance of students in public schools in the State of 
Alabama and to suppress unlawful assemblies, conspiracies, and domestic 
violence which oppose the law or impede the course of justice under the 
law within that State; authorized the Secretary of Defense to also use 
the armed forces of the United States for such purposes; and authorized 
the Secretary of Defense to delegate his authority to the Secretary of 
the Army or the Secretary of the Air Force.

                  Section Referred to in Other Sections

    This section is referred to in title 5 section 6323.
