Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
_Protection Against Invasion._--It is also made the duty of the national
government to protect the states against invasion. This is right and
proper, since the states are forbidden by the Constitution to keep ships
of war or troops in times of peace.
_Protection Against Domestic Violence._--Again, it is made the duty of
the national government to protect the people of the states against
domestic violence arising from insurrection or riots, _provided_ that
application has been made by the proper state authorities. The purpose
of this proviso is to remove the temptation to federal interference in
state affairs for political or other reasons against the wishes of the
people of the state. The ordinary procedure for the suppression of a
local disturbance is for the sheriff of the county, or the mayor of the
city, to make use of the local police, and if necessary he may call upon
the citizens to come to his aid. If this is not effective, the governor
may be called upon to order out the state militia for the suppression of
the riot. If, however, the riot should spread and assume such
proportions that the power of the state and local authorities is
insufficient, it becomes the right and duty of the governor, or the
legislature if it be in session, to call on the President of the United
States for the assistance of national troops. If in the President's
judgment the situation is one which warrants federal intervention, he
sends a detachment of troops from a near-by military post to restore
order. Many times in our history federal troops have been used to put
down riots where the state authorities had shown themselves incapable of
maintaining order; two recent examples being in connection with strikes
among the miners of Nevada in 1907, and of Colorado in 1914.
Ordinarily the President has no lawful right to interpose in the affairs
of the state by the employment of troops until he has received an
application from the governor or the legislature, but if the disturbance
is one which interferes with the operations of the national government
or with the movement of interstate commerce, the President may intervene
whenever in his opinion the situation calls for federal action. Thus
during the Chicago strike riots of 1894, President Cleveland ordered a
detachment of federal troops to that city against the protests of the
governor, upon being assured that the strikers were interfering with the
movement of the mails and with the conduct of interstate commerce and
were also disregarding the writs and processes of the United States
courts. The interference of the President was criticized by some
persons, but the great body of citizens approved his course, and the
United States Supreme Court upheld the validity of his action.
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