Flashcards Studio

(a) Identify the controlling doctrine governing the President’s calling-out power to assist civilian authorities in preventing or suppressing lawless violence; (b) Distinguish this power from martial law and from ordinary police power; (c) Apply to the following scenario: After a major earthquake disrupts civil order in Region North, looting and violent unrest threaten essential public services. The local government formally requests military assistance. The President, acting as Commander-in-Chief, issues a written order calling out the armed forces to assist in preventing and suppressing lawless violence in Region North for 10 days. The order makes no reference to rebellion or invasion, and no prior congressional authorization is sought. After 7 days, violence persists and local authorities challenge the order in a petition for judicial review. Are the President’s actions within the calling-out power? Explain.