POL Sidney Powell tweets about importance of knowing and understanding the history of the INSURRECTION ACT

jward

passin' thru
Sidney Powell
@SidneyPowell1


Important history to know and understand https://history.com/news/insurrection-act-thomas-jefferson-aaron-burr?fbclid=IwAR32ZrcadlYbhTofeAMOIUkpPTkThAoEneG_BGThKs91D3LxP9OCfZ90i3Y
#WeThePeople demand our
@POTUS
protect and keep the #Republic for which so many have given "their last full measure of devotion."
@realDonaldTrump
@LLinWood
@GenFlynn
@KrakenWood
@codeofvets
@MariaBartiromo




Thomas Jefferson Signed the Insurrection Act in 1807 to Foil a Plot by Aaron Burr

With his political career in ruins after killing Alexander Hamilton, Aaron Burr set off to claim lands in the Southwest—and President Jefferson intended to stop him.

The Insurrection Act gives U.S. presidents the authority to deploy active duty military to maintain or restore peace in times of crisis. The Insurrection Act was invoked numerous times in the 20th century, most famously when Dwight D. Eisenhower sent the 101st Airborne Division to enforce the desegregation of public schools in Little Rock, Arkansas.
But the origins of the Insurrection Act date back more than 200 years to a bizarre chapter in American history—when Aaron Burr plotted to raise an army and establish his own dynasty in either the Louisiana Territory or Mexico.
Burr, a decorated Revolutionary War officer and senator from New York, served as vice president during Thomas Jefferson’s first term. Burr had grand political aspirations, but they were dashed after he killed his rival Alexander Hamilton in a duel in 1804.

After Duel With Hamilton, Burr Sets Sights on Louisiana
Burr was never arrested or tried for Hamilton’s murder, but it effectively ended Burr’s political career. With no prospects in Washington, D.C. or New York, Burr set his sights on the West, namely the newly acquired Louisiana Territory and Mexican-owned lands in the Southwest.
The details of Burr’s plot were never clear, but it involved mustering an army to invade Mexico under the pretense of a war with Spain, and then keeping the conquered land for himself. Burr thought he had an ally in General James Wilkenson, commander of the U.S. Army and first governor of the Louisiana Territory, but when rumors of Burr’s plot leaked into the newspapers, Wilkenson turned on his co-conspirator.
In a letter sent on October 21, 1806, Wilkenson spilled the details of the plot to Jefferson without mentioning Burr by name. But Jefferson had already grown concerned enough about Burr’s strange activities that Jefferson had sent his own letter to Secretary of State James Madison asking if the Constitution granted him authority to deploy the army to stop a rebellion.

General James Wilkenson
Fotosearch/Getty Images
In his reply, Madison said no. “It does not appear that regular Troops can be employed, under any legal provision agst. insurrections,” rote Madison, “but only agst. expeditions having foreign Countries for the object.”
Both Jefferson and Madison were strict interpreters of the Constitution and wouldn’t dare exercise authority that wasn’t explicitly written in the founding document, so they needed to convince Congress to give Jefferson that power. And to do that, they first needed proof of Burr’s conspiracy. That’s where Wilkenson’s letter comes in.
“Jefferson was looking for a legitimate source of authority on Burr’s plot and he was willing to believe Wilkenson, even though historians suggest that Jefferson knew darn well that Wilkenson was a liar with his own suspect reputation,” says John Fea, a history professor at Messiah College. “But Jefferson needed a source to move the gears to try to stop Burr, who was his biggest fear.”


Jefferson Orders Burr's Capture
Armed with Wilkenson’s “proof,” Jefferson issued a proclamation on November 27, 1806 that laid out the plot and enjoined all military officers, both state and federal, to “to be vigilant… in searching out and bringing to condign punishment all persons engaged or concerned in such enterprise, in seizing and detaining, subject to the disposition of the law, all vessels, arms, military stores, or other means provided or providing for the same, and, in general, in preventing the carrying on such expedition or enterprise by all lawful means within their power.”

“Jefferson essentially puts a bounty on Burr’s head,” says Fea, and within weeks, an Ohio militia seized boats belonging to Burr’s ragtag army and raided a private island on the Ohio River that served as a military encampment.
But Burr evaded capture and rumors continued to swirl that he was recruiting soldiers en route to the Louisiana Territory and soliciting help from Britain to establish his spinoff nation in the West. Jefferson still refused to deploy the standing U.S. Army to track down Burr and quash the rebellion once and for all, a reticence that was mocked by his political enemies, the Federalists.
“Jefferson, to his credit, says I’m not going to act unless the Constitution says I can act,” says Fea. “The Federalists take a much broader view of the Constitution. If the Constitution doesn’t outright condemn it, then it’s OK.”

Jefferson stuck to his principles and in December of 1806 asked Congress to pass a bill “authorising the emploiment of the land or Naval forces of the US. in cases of insurrection.” This legislation, known as the Insurrection Act, would take another three months to become law. When it was finally signed on March 3, 1807, Aaron Burr had already been in custody for 11 days.
So while the Insurrection Act was written expressly to foil Burr’s plot, it wasn’t used to capture him. The very first time the Insurrection Act was actually invoked was a year later in 1808, when American merchant ships in the Great Lakes flouted Jefferson’s trade embargo with the British. In response, Jefferson accused the rogue traders of “forming insurrections against the authority of the laws of the United States” and authorized the military to take action.

When Has the Insurrection Act Been Invoked?
Minnijean Brown, 15, one of the Little Rock Nine, arrives outside Central High School, as members of the 101st Division of the Airborne Command stand ready to protect them, under orders from President Dwight Eisenhower, in Little Rock, Arkansas, on September 25, 1957.
A. Y. Owen/The LIFE Picture Collection/Getty Images
Since 1807, the Insurrection Act has been amended several times to meet different political challenges.
In 1861, Abraham Lincoln expanded the law to form the legal basis for waging the Civil War. Without it, he wouldn’t have had the authority to send federal troops into a state without the governor’s permission.
After the Civil War, the Insurrection Act was further amended to give the president authority to enforce the 14th Amendment and the conditions of Reconstruction in the South. That authority is now found in Section 253 of Title 10 of the U.S. Code, which gives the president the right to take military action within a state when “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 are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection.”

That’s the same authority invoked during the civil rights era by Presidents Eisenhower and John F. Kennedy to deploy troops to the South to enforce desegregation in defiance of governors.
The Insurrection Act was last invoked in 1992 under President George H.W. Bush, after Peter Wilson, then-governor of California, requested help to quell widespread riots after four police officers charged in the beating of Rodney King were acquitted.
In 2005, after Hurricane Katrina devastated Louisiana and the Gulf Coast, President George W. Bush explored expanding the Insurrection Act to place command of the region's National Guard under federal control. Ultimately, Bush declined to invoke the act, although it was eventually amended in 2006 to broaden the scope under which the president may act under the law.

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© 2020 A&E Television Networks, LLC. All Rights Reserved.


posted for fair use
 

jward

passin' thru
The Insurrection Act has been updated several times since 1807, and those updates need consideration as well. Plus there are other buttons on the console too- for example:

10 U.S. Code § 252 - Use of militia and armed forces to enforce Federal authority | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu)
10 U.S. Code § 252 - Use of militia and armed forces to enforce Federal authority

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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 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, § 332; Pub. L. 109–163, div. A, title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3440; renumbered § 252, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)
 

OldArcher

Has No Life - Lives on TB
Sidney Powell
@SidneyPowell1


Important history to know and understand https://history.com/news/insurrection-act-thomas-jefferson-aaron-burr?fbclid=IwAR32ZrcadlYbhTofeAMOIUkpPTkThAoEneG_BGThKs91D3LxP9OCfZ90i3Y
#WeThePeople demand our
@POTUS
protect and keep the #Republic for which so many have given "their last full measure of devotion."
@realDonaldTrump
@LLinWood
@GenFlynn
@KrakenWood
@codeofvets
@MariaBartiromo




Thomas Jefferson Signed the Insurrection Act in 1807 to Foil a Plot by Aaron Burr

With his political career in ruins after killing Alexander Hamilton, Aaron Burr set off to claim lands in the Southwest—and President Jefferson intended to stop him.

The Insurrection Act gives U.S. presidents the authority to deploy active duty military to maintain or restore peace in times of crisis. The Insurrection Act was invoked numerous times in the 20th century, most famously when Dwight D. Eisenhower sent the 101st Airborne Division to enforce the desegregation of public schools in Little Rock, Arkansas.
But the origins of the Insurrection Act date back more than 200 years to a bizarre chapter in American history—when Aaron Burr plotted to raise an army and establish his own dynasty in either the Louisiana Territory or Mexico.
Burr, a decorated Revolutionary War officer and senator from New York, served as vice president during Thomas Jefferson’s first term. Burr had grand political aspirations, but they were dashed after he killed his rival Alexander Hamilton in a duel in 1804.

After Duel With Hamilton, Burr Sets Sights on Louisiana
Burr was never arrested or tried for Hamilton’s murder, but it effectively ended Burr’s political career. With no prospects in Washington, D.C. or New York, Burr set his sights on the West, namely the newly acquired Louisiana Territory and Mexican-owned lands in the Southwest.
The details of Burr’s plot were never clear, but it involved mustering an army to invade Mexico under the pretense of a war with Spain, and then keeping the conquered land for himself. Burr thought he had an ally in General James Wilkenson, commander of the U.S. Army and first governor of the Louisiana Territory, but when rumors of Burr’s plot leaked into the newspapers, Wilkenson turned on his co-conspirator.
In a letter sent on October 21, 1806, Wilkenson spilled the details of the plot to Jefferson without mentioning Burr by name. But Jefferson had already grown concerned enough about Burr’s strange activities that Jefferson had sent his own letter to Secretary of State James Madison asking if the Constitution granted him authority to deploy the army to stop a rebellion.

General James Wilkenson
Fotosearch/Getty Images
In his reply, Madison said no. “It does not appear that regular Troops can be employed, under any legal provision agst. insurrections,” rote Madison, “but only agst. expeditions having foreign Countries for the object.”
Both Jefferson and Madison were strict interpreters of the Constitution and wouldn’t dare exercise authority that wasn’t explicitly written in the founding document, so they needed to convince Congress to give Jefferson that power. And to do that, they first needed proof of Burr’s conspiracy. That’s where Wilkenson’s letter comes in.
“Jefferson was looking for a legitimate source of authority on Burr’s plot and he was willing to believe Wilkenson, even though historians suggest that Jefferson knew darn well that Wilkenson was a liar with his own suspect reputation,” says John Fea, a history professor at Messiah College. “But Jefferson needed a source to move the gears to try to stop Burr, who was his biggest fear.”


Jefferson Orders Burr's Capture
Armed with Wilkenson’s “proof,” Jefferson issued a proclamation on November 27, 1806 that laid out the plot and enjoined all military officers, both state and federal, to “to be vigilant… in searching out and bringing to condign punishment all persons engaged or concerned in such enterprise, in seizing and detaining, subject to the disposition of the law, all vessels, arms, military stores, or other means provided or providing for the same, and, in general, in preventing the carrying on such expedition or enterprise by all lawful means within their power.”

“Jefferson essentially puts a bounty on Burr’s head,” says Fea, and within weeks, an Ohio militia seized boats belonging to Burr’s ragtag army and raided a private island on the Ohio River that served as a military encampment.
But Burr evaded capture and rumors continued to swirl that he was recruiting soldiers en route to the Louisiana Territory and soliciting help from Britain to establish his spinoff nation in the West. Jefferson still refused to deploy the standing U.S. Army to track down Burr and quash the rebellion once and for all, a reticence that was mocked by his political enemies, the Federalists.
“Jefferson, to his credit, says I’m not going to act unless the Constitution says I can act,” says Fea. “The Federalists take a much broader view of the Constitution. If the Constitution doesn’t outright condemn it, then it’s OK.”

Jefferson stuck to his principles and in December of 1806 asked Congress to pass a bill “authorising the emploiment of the land or Naval forces of the US. in cases of insurrection.” This legislation, known as the Insurrection Act, would take another three months to become law. When it was finally signed on March 3, 1807, Aaron Burr had already been in custody for 11 days.
So while the Insurrection Act was written expressly to foil Burr’s plot, it wasn’t used to capture him. The very first time the Insurrection Act was actually invoked was a year later in 1808, when American merchant ships in the Great Lakes flouted Jefferson’s trade embargo with the British. In response, Jefferson accused the rogue traders of “forming insurrections against the authority of the laws of the United States” and authorized the military to take action.

When Has the Insurrection Act Been Invoked?
Minnijean Brown, 15, one of the Little Rock Nine, arrives outside Central High School, as members of the 101st Division of the Airborne Command stand ready to protect them, under orders from President Dwight Eisenhower, in Little Rock, Arkansas, on September 25, 1957.
A. Y. Owen/The LIFE Picture Collection/Getty Images
Since 1807, the Insurrection Act has been amended several times to meet different political challenges.
In 1861, Abraham Lincoln expanded the law to form the legal basis for waging the Civil War. Without it, he wouldn’t have had the authority to send federal troops into a state without the governor’s permission.
After the Civil War, the Insurrection Act was further amended to give the president authority to enforce the 14th Amendment and the conditions of Reconstruction in the South. That authority is now found in Section 253 of Title 10 of the U.S. Code, which gives the president the right to take military action within a state when “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 are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection.”

That’s the same authority invoked during the civil rights era by Presidents Eisenhower and John F. Kennedy to deploy troops to the South to enforce desegregation in defiance of governors.
The Insurrection Act was last invoked in 1992 under President George H.W. Bush, after Peter Wilson, then-governor of California, requested help to quell widespread riots after four police officers charged in the beating of Rodney King were acquitted.
In 2005, after Hurricane Katrina devastated Louisiana and the Gulf Coast, President George W. Bush explored expanding the Insurrection Act to place command of the region's National Guard under federal control. Ultimately, Bush declined to invoke the act, although it was eventually amended in 2006 to broaden the scope under which the president may act under the law.

TagsProtests And Rebellions
By
Dave Roos

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What Was Alexander Hamilton's Role in Aaron Burr's Presidential Defeat?

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Aaron Burr’s Notorious Treason Case

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What Happens If There’s a Tie in a US Presidential Election?

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Burr's Political Legacy Died in the Duel with Hamilton


© 2020 A&E Television Networks, LLC. All Rights Reserved.


posted for fair use

Burr’s duel with Hamilton happened in 1804. It was legal, as duels were made illegal, in 1859... As great a president as Jefferson was, he was acting without legal standing... Strange what happens when things don’t go the way you’d like... For those in power, overreach is always a danger, and can lead to poor decisions...

OA
 

night driver

ESFP adrift in INTJ sea
Whoever wrote that otherwise decent article in the OP was CLEARLY writing from a Late C-20 or early C-21 perspective. Of COURSE he never got arrested since the whole DUEL thing was LEGAL!!
 

mecoastie

Veteran Member
I wish Sidney Powell and thay shyster Lin Wood would stfu....Tired of hearing them and nothing coming of it....

Either shit or get off the pot!

At this point I feel like these lawyers are more about keeping themselves in the spotlight vs actually helping.
 

Infoscout

The Dude Abides
If Sidney or Lin are talking about this, that means it won’t happen, and it means we are about to lose another court case. It is becoming obvious this is about fame and fortune.
 

Troke

On TB every waking moment
If Sidney or Lin are talking about this, that means it won’t happen, and it means we are about to lose another court case. It is becoming obvious this is about fame and fortune.
I am not sure about fortune. It is becoming clear that when the new adm takes over, every Trumper will be tracked down to see if they are a candidate for a perp walk. If not, they will be ruined by other means. Disbarment is one method that has already be suggested.
 

MinnesotaSmith

Membership Revoked
Meanwhile, enough electors from the Prez election have been submitted for both the God-Emperor Trump and Crooked Dementia Pro-Commie Grandpa Badfinger to have over 270 EV. This is a first during my lifetime.
 

Cyclonemom

Veteran Member
Burr’s duel with Hamilton happened in 1804. It was legal, as duels were made illegal, in 1859... As great a president as Jefferson was, he was acting without legal standing... Strange what happens when things don’t go the way you’d like... For those in power, overreach is always a danger, and can lead to poor decisions...

OA
It wasn't the duel that got him arrested, but rather, trying to incite a war with the US for his own personal gain.

Or in the least, that is my understanding of that situation??

It's always possible I am wrong, though.....
 

Chicory

#KeeptheRepublic
Meanwhile, enough electors from the Prez election have been submitted for both the God-Emperor Trump and Crooked Dementia Pro-Commie Grandpa Badfinger to have over 270 EV. This is a first during my lifetime.
It's historic! With huge ramifications.
 

Trivium Pursuit

Has No Life - Lives on TB
Starting to think that she and/or Lin Wood are being used (in the positive sense) as VP's sometimes have been, to get messages/trial balloons out that it is not time yet or is inappropriate for the President to publicly say that the moment. Both to the public in general, and in some cases just to get the message out "to the faithful".
 
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Zagdid

Veteran Member
Burr’s duel with Hamilton happened in 1804. It was legal, as duels were made illegal, in 1859... As great a president as Jefferson was, he was acting without legal standing... Strange what happens when things don’t go the way you’d like... For those in power, overreach is always a danger, and can lead to poor decisions...

OA
The duel was in NJ, where it was illegal. An arrest warrant was issued for Burr. He fled to Philadelphia and then slinked to DC to preside over the impeachment of a supreme.
 

Walrus

Veteran Member
It wasn't the duel that got him arrested, but rather, trying to incite a war with the US for his own personal gain.

Or in the least, that is my understanding of that situation??

It's always possible I am wrong, though.....
While it's always possible, my understanding is that your viewpoint is essentially correct, except for perhaps one minor detail. Yes, the duel was legal in several states at the time (and an accepted way of settling things and restoring impugned honor, etc. and should be brought back as it would settle a lot of Interwebz trollery in one swell foop, but I digress), but the way I understood some of the history is that Burr was intent on invading Mexico under the pretense of inciting a war with Spain, keeping the land he'd occupied and declaring a new nation in which he'd be King or something. (If he'd been successful, maybe Beaumont would be known as Burrmont today LOL)

Which is ironic when you think about it, as he was ahead of his time. After all, it was pretty much what Sam Houston successfully accomplished (without the sham of needing a war with Spain), although the Texican rebellion was largely brought on by the fact that Mexico had imported its own rebels with its land grant policies and the resultant settling led by Stephen F. Austin's various colonies (among which my ancestors were in his Third Colony).

Hah. Reverse wetbacks, if you will, only it's the Red and Sabine Rivers instead of the Rio Grande. How history doth seem to repeat itself in many ways.
 
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Freeholder

This too shall pass.
Starting to think that she and/or Lin Wood are being used (in the positive sense) as VP's sometimes have been, to get messages/trial baloons out that it is not time yet or is inappropriate for the President to publicly say that the moment. Both to the public in general, and in some cases just to get the message out "to the faithful".

I've been thinking this may be the case for a while now.

Kathleen
 

Blacknarwhal

Let's Go Brandon!
Starting to think that she and/or Lin Wood are being used (in the positive sense) as VP's sometimes have been, to get messages/trial balloons out that it is not time yet or is inappropriate for the President to publicly say that the moment. Both to the public in general, and in some cases just to get the message out "to the faithful".

Wouldn't be unwelcome as long as there's some follow-through. There's been a marked lack of that of late.
 

jward

passin' thru
Meanwhile, enough electors from the Prez election have been submitted for both the God-Emperor Trump and Crooked Dementia Pro-Commie Grandpa Badfinger to have over 270 EV. This is a first during my lifetime.

Indeed a first to have "dueling electorates". As I've said for decades now, I don't wanna live in interesting times :: waaah ::
please lord, love me nuff to give me a boring string of days! :: shrug :: doesn't look like any of us get that though...
 

jward

passin' thru
We've been discussing for quite a while now that the unprecedented clamp down on communications is no accident but a malicious act intended to interfere with our understanding of situation and ability to organize, share info, draw consensus, and thus do any "resisting"... thus we have to be open to messages that come to us from atypical sources, IMHO

Also, I would imagine the issue isn't that she used an old source material by accident, but that introduction of the dueling points a specific direction and to a specific message. . .:: shrug :: just MO again
 
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