Kathmandu. There have been concerns, both within the general US public and political circles, with regards to the 2020 Presidential Elections falling into massive chaos. Resulting from the obvious anxiety, there were talks of the US military being brought in for the purpose of containing any disturbances that could emerge during and after the voting process. The question here would be whether the military can actually be brought into civil affairs?

The answer is yes. There is a law called the Insurrection Act of 1807 that states that the President has the authority to call upon the military in order to establish order in the country. It has been invoked multiple times by several US presidents in times of natural and political crisis. It reads, “That in all cases of insurrection, or obstruction to the laws, either of the United States, or of any individual state or territory, where it is lawful for the President of the United States to call forth the militia for the purpose of suppressing such insurrection, or of causing the laws to be duly executed, it shall be lawful for him to employ, for the same purposes, such part of the land or naval force of the United States, as shall be judged necessary, having first observed all the pre-requisites of the law in that respect.”

It was amended in 2006 to specify the situations where the head of the government could call upon the military mentioning, “must first issue a proclamation ordering the insurgents to disperse within a limited time, 10 U.S.C. § 334.4. If the situation does not resolve itself, the President may issue an executive order to send in troops.” President Donald Trump had claimed that he would invoke this Act in June to quell protests against him in major cities.

The Chairman of the Joint Chiefs of Staff, Gen. Mark Milley, when addressing the Congress in August, however, claimed that ““I believe deeply in the principle of an apolitical U.S. military,” adding that “In the event of a dispute over some aspect of the elections, by law U.S. courts and the U.S. Congress are required to resolve any disputes, not the U.S. military. I foresee no role for the U.S armed forces in this process.”

In any case, he has again reiterated his stance on the matter. He clarified that, “This isn’t the first time that someone has suggested that there might be a contested election,” further noting, “And if there is, it’ll be handled appropriately by the courts and by the U.S. Congress. There’s no role for the U.S. military in determining the outcome of a U.S. election. Zero. There is no role there.”

The military has made its position known. The role of the military is to protect the state borders and uphold the Constitution of the United States against external interventions. It would be an extremely dire situation indeed that would require the invocation of the 1807 Act.