Restoration of the Republic: Pillar III

Section 1. Purpose and Rule of Construction

The purpose of this Act is to formalize the implied constitutional restrictions on domestic military power.

(a) Anti-Wiggle Room Clause: Any ambiguity in this Act shall be interpreted in favor of civilian judicial supremacy. The same applies to the Insurrection Act. It shall also ensure the preservation of the Writ of Habeas Corpus.

Section 3. Formal Definition of Statutory Triggers

To prevent the manufacture of pretexts for military deployment, the following terms are hereby defined for all federal statutes, including the Insurrection Act:

1. “Invasion”: Shall be limited to a sustained, armed physical incursion into the United States. Such an incursion must be conducted by the organized military or paramilitary forces of a foreign nation-state. This term explicitly excludes migration, civil unrest, or the activities of non-state criminal organizations.
2. “Insurrection”: Shall be limited to a condition of organized, armed violence. This violence must have resulted in the total physical closure of civilian courts. It should also lead to the sustained non-functionality of law enforcement within a jurisdiction.

Section 4. The Martial Law Prohibition (The “Milligan” Rule)

1. Prohibition: The President shall have no authority, implied or otherwise, to declare “Martial Law.” The President cannot replace civilian courts with military tribunals. This applies as long as a single Article III court within the United States remains capable of hearing a petition for a Writ of Habeas Corpus.
2. Duration: Any emergency deployment of the Armed Forces for the purpose of maintaining “continuity of government” is limited to a non-renewable period of 72 hours, after which the deployment must be terminated unless authorized by a two-thirds (2/3) supermajority of both Houses of Congress.

Section 5. Coordination with the Executive Accountability Act (The Circuit Breaker Integration)

1. Automatic Legality Alert: Any presidential invocation of the Insurrection Act or a declaration of “Invasion” shall constitute an immediate “High-Risk Executive Action.”
2. Mandatory Review: Upon such invocation, the Independent Attorney General (as established under EARLA) must issue a public Certification of Factual Necessity within six (6) hours, verifying that the definitions in Section 3 of this Act have been met.
3. The Trigger: Failure to issue this Certification, or the issuance of a Statement of Legal Dissent by the OLC, shall automatically flip the 72-Hour Circuit Breaker, freezing all presidential authorities as defined in the Executive Accountability and Rule of Law Act.

Section 6. Command Responsibility and the “Manifestly Unlawful” Doctrine

1. Notice to Chain of Command: Any military order issued during a “72-Hour Power Freeze” or in defiance of an OLC Statement of Legal Dissent is hereby codified as a “Manifestly Unlawful Order.”
2. Protection of Dissent: No member of the Armed Forces or federal law enforcement shall be subject to adverse personnel action, court-martial, or prosecution for refusing to execute an order that has triggered a Legality Alert under this Act.

Section 7. Judicial Enforcement and Standing

1. Automatic Standing: Any Governor of a state affected by a domestic military deployment, or the leadership of either House of Congress, shall have automatic standing to seek an immediate injunction in the D.C. District Court.
2. Evidentiary Burden: In any such proceeding, the burden of proof shall be on the Executive Branch to prove by clear and convincing evidence that the civilian government has collapsed.

Pillar I: Executive Accountability and Rule of Law Act

Pillar II: Presidential Circuit Breaker

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