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Use of Militia, National Guard, Or Federal Armed Forces Within the District of Columbia Prior to 2020

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Use of Militia, National Guard, Or Federal Armed Forces Within the District of Columbia Prior to 2020 Use of Militia, National Guard, or Federal Armed Forces within the District of Columbia Prior to 2020 August 25, 2021 Congressional Research Service https://crsreports.congress.gov R46886 SUMMARY R46886 Use of Militia, National Guard, or Federal August 25, 2021 Armed Forces within the District of Columbia Lawrence Kapp Prior to 2020 Specialist in Military Personnel Policy Militia, National Guard, and federal armed forces have occasionally operated within the District of Columbia to respond to violence or anticipated violence. Based on a search of historical Alan Ott newspaper accounts, books, and other sources, CRS has identified 10 such instances prior to Analyst in Defense and 2020: Intelligence Personnel Policy 1. 1814 – War of 1812; 2. 1857 – Know-Nothing Riots; David A. Blum 3. 1861-1865 – Civil War; Research Librarian 4. 1917 – World War I Homeland Defense; Hibbah Kaileh 5. 1919 – Washington D.C. Race Riots; Research Assistant 6. 1932 – Bonus Marchers; 7. 1967 – Vietnam War Dissent Demonstration; 8. 1968 – Martin Luther King Jr. Assassination Riots; 9. 1971 – May Day Protests; and 10. 2001 – Post 9/11 Homeland Defense Activities. The set of events covered in this report does not include certain uses, such as natural disaster response, counterdrug operations, Weapons of Mass Destruction Civil Support Team operations, general crowd and traffic control support, most inaugural support, and ceremonial events. The terminology used in this report is based on historical usage. Militia refers to military forces composed of armed citizens raised under the authority of their state, territory, or the District of Columbia. After the Civil War, many states renamed their organized militia forces as the National Guard, and this name was codified in law with the Militia Act of 1903. Federal armed forces refers to military forces raised under Congress’s constitutional authority to “raise and support Armies” and “to provide and maintain a Navy.” Congressional Research Service Militia, National Guard, or Federal Armed Forces Use in D.C. Prior to2020 Contents Terms ............................................................................................................................................... 1 The District of Columbia ................................................................................................................. 2 Identified Instances of Operations by Militia, National Guard, or Federal Armed Forces in the District of Columbia ............................................................................................................... 3 1814 – War of 1812 ................................................................................................................... 3 1857 – Know-Nothing Riots ..................................................................................................... 4 1861-1865 – Civil War .............................................................................................................. 6 1917 – World War I Homeland Defense ................................................................................... 8 1919 – Washington, D.C. Race Riots ........................................................................................ 8 1932 – Bonus Marchers ............................................................................................................ 9 1967 – Vietnam War Dissent Demonstration and Riot............................................................. 11 1968 – Martin Luther King Jr. Assassination Riots ................................................................ 13 1971 – May Day Protests ........................................................................................................ 15 2001 – Post-9/11 Homeland Defense Activities ...................................................................... 17 Figures Figure 1. British Capture of City of Washington ............................................................................. 4 Figure 2. Marines Firing during Know-Nothing Riot ..................................................................... 6 Figure 3. Union Soldiers in Front of Capitol ................................................................................... 7 Figure 4. Tanks on Pennsylvania Avenue during Bonus March ..................................................... 11 Figure 5. Soldiers Guarding Capitol during 1968 riots ................................................................. 15 Figure 6. Soldiers and Helicopter during May Day Protests ......................................................... 16 Contacts Author Information ........................................................................................................................ 18 Congressional Research Service Militia, National Guard, or Federal Armed Forces Use in D.C. Prior to2020 Introduction This report provides information on 10 instances in which the militia, National Guard, or federal armed forces were used for operations within the geographic boundaries of Washington, D.C., due to violence or anticipated violence. Congress may find these cases helpful when considering the contemporary or future role of the National Guard and federal armed forces in the nation’s capital. CRS identified the selected events based on a search of newspaper accounts, books, and other historical sources, but this report should not be considered a comprehensive listing of such events. In this product, CRS does not offer deep historical context to these events or analysis that links these events to contemporary events. The selected events do not include certain uses, such as natural disaster response, counterdrug operations, Weapons of Mass Destruction Civil Support Team operations, general crowd and traffic control support, most inaugural support, and ceremonial events.1 Terms For the purpose of this report, the terms militia, National Guard, and federal armed forces have the following meanings based on statutory texts: Militia refers to armed forces composed of citizens, raised under the authority of their state, territory, or the District of Columbia. The Militia Act of May 8, 1792, provided in part: That each and every free able-bodied white male citizen of the respective states, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia by the captain or commanding officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this act.2 Members of the militia who trained regularly as part of militia units were sometimes referred to as the organized militia.3 1 Counterdrug operations are authorized under 32 U.S.C. §112; see also District of Columbia National Guard (DCNG) Counterdrug Program, at https://dc.ng.mil/About-Us/Counterdrug-Program/. Examples of natural disaster response, Weapons of Mass Destruction Civil Support Team operations, general crowd and traffic control support, inaugural support and ceremonial events are available on the DCNG public affairs website, at https://dc.ng.mil/Public- Affairs/News-Release/; the DCNG history webpage, at https://dc.ng.mil/About-Us/Heritage/History/Past-and-post- war/; and the 2018 DCNG Annual Report, pp. 11-14, at https://dc.ng.mil/Portals/26/DCNG%20Annual%20Report%202018.pdf. 2 Militia Act of 1792, ch. 33, 1 Stat. 271 (1792) (repealed 1903), available at https://tile.loc.gov/storage- services/service/ll/llsl//llsl-c2/llsl-c2.pdf. The militia concept, derived from a long-standing English tradition, existed in the American colonies prior to the adoption of the Constitution. The Constitution recognized the existence of the militia and gave the federal government limited authority over it, including the ability to call the militia into federal service in certain circumstances (Article I, §8, cls. 15, 16; Article 2, §2). 3 Current federal law maintains a distinction between the organized militia and the unorganized militia. 10 U.S.C. §246. Militia: composition and classes (a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard. (b) The classes of the militia are- Congressional Research Service 1 Militia, National Guard, or Federal Armed Forces Use in D.C. Prior to2020 National Guard is the term used, beginning in the late 19th century, to refer to the organized militia of the states, territories, and the District of Columbia. After the Civil War, many states renamed their organized militia forces as the National Guard. Congress adopted the term in the Militia Act of 1903: That the militia shall consist of every able-bodied male citizen of the respective States, Territories, and the District of Columbia, and every able-bodied male of foreign birth who has declared his intention to become a citizen, who is more than eighteen and less than forty-five years of age, and shall be divided into two classes-the organized militia, to be known as the National Guard of the State, Territory, or District of Columbia, or by such other designations as may be given them by the laws of the respective States or Territories, and the remainder to be known as the Reserve Militia. 4 Federal armed forces refers to military forces raised
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