Insurrection


The term “insurrection” refers to a rebellion or an uprising of the citizens in resistance to their government.

“An insurrection is ‘a movement accompanied by actions specifically intended to overthrow the constituted government and to take possession of the inherent powers thereof … if the insurrection or rebellion proceeds to the attainment of its objective, viz., the overthrow of the old constituted government and the establishment of a new one in its place, then the movement, retroactively will be dignified by the characterization of a ‘revolution.’” Home Insurance Co. of New York v. Davila, 212 F.2d 731, 736 (2d Cir. 1954).

“Insurrection shall consist in any combined resistance to the lawful authority of the State, with intent to the denial thereof, when the same is manifested or intended to be manifested by acts of violence . . . Any attempt, by persuasion or otherwise, to induce others to join in any combined resistance to the lawful authority of the State shall constitute an attempt to incite insurrection.”  Herndon v. Lowry, 301 U.S. 242 (1937)

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