united-states criminal-law
Definition of rebellion and insurrection in US federal law
<p><a href="https://www.law.cornell.edu/uscode/text/18/2383" rel="nofollow noreferrer">18 USC 2383</a>:</p>
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<p>Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.</p>
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<p>The terms &quot;rebellion&quot; and &quot;insurrection&quot; are not defined.  Is there federal judicial precedent that sheds light on the meaning of these words as used in this statute?  More generally, what elements or circumstances are necessary for an act to qualify as an act of rebellion or insurrection?</p>
<p>Edit: The supposed duplicate question (<a href="https://law.stackexchange.com/q/47628/333">What prevents the DOJ from charging Democrats in Congress under U.S. Code &#167; 2383?</a>) is different, and its answer does not answer this question.  It explains that a particular incident is not rebellion or insurrection, but it does not enumerate the elements that must be present for an act to constitute rebellion or insurrection.  In other words, it describes in part what rebellion and insurrection are <em>not,</em> but it does not describe what they <em>are.</em></p>

<p>A <a href="https://crsreports.congress.gov/product/pdf/LSB/LSB10569#page=3" rel="nofollow noreferrer">Congressional Research article</a> provides insight into the meaning of <em>insurrection</em> in the context of US federal law.</p>
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<p>The U.S. Constitution does not define <em>insurrection</em> or <em>rebellion</em>. Article 1, Section 8, clause 15, of the U.S. Constitution does <a href="https://constitution.congress.gov/browse/essay/artI-S8-C15-1/ALDE_00001077/%5b%27insurrection%27%5d#ALDF_00001786" rel="nofollow noreferrer">empower</a> Congress to call forth the militia “to suppress Insurrection.” It seems to follow that Congress has the authority to define <em>insurrection</em> for that purpose, which it has arguably done through enactment of the <a href="https://uscode.house.gov/view.xhtml?path=/prelim@title10/subtitleA/part1/chapter13&amp;edition=prelim" rel="nofollow noreferrer">Insurrection Act</a>. <a href="https://uscode.house.gov/view.xhtml?req=(title:10%20section:252%20edition:prelim)%20OR%20(granuleid:USC-prelim-title10-section252)&amp;f=treesort&amp;edition=prelim&amp;num=0&amp;jumpTo=true" rel="nofollow noreferrer">Part of that Act</a> authorizes the President to call up the militia and armed forces in the event of “unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States [that] make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings. . . .” [. . .] <a href="https://uscode.house.gov/view.xhtml?req=(title:10%20section:253%20edition:prelim)%20OR%20(granuleid:USC-prelim-title10-section253)&amp;f=treesort&amp;edition=prelim&amp;num=0&amp;jumpTo=true" rel="nofollow noreferrer">Another part of the Insurrection Act</a>, enacted approximately three years after the Fourteenth Amendment [. . .], authorizes the use of armed forces in cases where insurrectionists “oppose[] or obstruct[] the execution of the laws of the United States or impede[] the course of justice under those laws.”</p>
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<p>It seems likely that courts would consider these expressions as <em>intent of Congress</em> when hearing cases.</p>
<p>An addition reference is from a <a href="https://www.lawfareblog.com/after-cawthorn-ruling-can-trump-be-saved-section-3-14th-amendment" rel="nofollow noreferrer">Lawfare blog</a>,</p>
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<p>One <a href="https://case-law.vlex.com/vid/62-f-828-n-595306986" rel="nofollow noreferrer">grand jury instruction</a> on criminal insurrection, for instance, approved by a federal circuit court in Illinois in 1894, easily encompasses the events of that day:</p>
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<p>Insurrection is a rising against civil or political authority,-- the open and active opposition of a number of persons to the execution of law in a city or state.  …  It is not necessary that there should be bloodshed; it is not necessary that its dimensions should be so portentous as to insure probable success, to constitute an insurrection. It is necessary, however, that the rising should be in opposition to the execution of the laws of the United States, and should be so formidable as for the time being to defy the authority of the United States.</p>
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