Notes on 10 U.S.C. § 332 : US Code - Notes

Search Notes on 10 U.S.C. § 332 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 15; Pub. L. 109-163, div. A,
title X, Sec. 1057(a)(2), Jan. 6, 2006, 119 Stat. 3440.)
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
332 50:202. R.S. 5298.
--------------------------------------------------------------------
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.
AMENDMENTS
2006 - Pub. L. 109-163 struck out "or Territory" after "in any
State".
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.
Up
Use of militia and armed forces to enforce Federal authority