Author Archives: F. E. Guerra-Pujol

We interrupt our series of posts on the Little Rock Crisis of 1957 to share this fascinating thought-experiment. (Hat tip: kottke.)

Like the Duncan case in our previous post, the case of Jackson v. Kuhn presented a direct challenge to the legality of President Dwight D. Eisenhower’s fateful decision to send the “Screaming Eagles” of the 101st Airborne Division into Little Rock. But … Continue reading →

Duncan v. Kirby was a state court case decided in March of 1958 arising out of the 1957 Little Rock Crisis. The moving party in this case, one Vernon Duncan, a pro-segregation protestor, was arrested in front of Central High … Continue reading →

We have been reviewing the federal statutes that President Dwight D. Eisenhower invoked when he sent federal troops into Little Rock, Arkansas in the fall of 1957. I now want to switch gears, so to speak, to discuss three obscure cases … Continue reading →

Thus far, we have reviewed a number of historic federal laws authorizing the president to use military force inside the U.S. But what if Congress had never enacted these laws, or what if it were to repeal them tomorrow? In … Continue reading →

In our previous post, we surveyed the last major piece of emergency power legislation enacted by Congress prior to the 1957 Little Rock crisis. In all, there are four separate laws authorizing the president to use military force to respond … Continue reading →

We have thus far reviewed four major pieces of legislation authorizing the president to use military force inside the United States: (1, 2) the Militia Acts of 1792 and 1795, (3) the Insurrection Act of 1807, and (4) the Suppression … Continue reading →

We have thus far reviewed the Militia Acts of 1792 and 1795 as well as the Insurrection Act of 1807. The legislative trend should now be crystal clear. Each time Congress has enacted legislation authorizing the president to use military … Continue reading →

Thus far, we have reviewed the Militia Acts of 1792 and 1795. Those laws authorized the president to activate only state or local militias and only in three specific situations: invasions, insurrections, and obstructions of U.S. laws. But Congress would … Continue reading →

When can a president use military force within the United States to respond to an emergency? As we saw in our previous post, Congress addressed this question for the first time when it enacted the first Militia Act of 1792, … Continue reading →