What Is the Insurrection Act ?

What is the Insurrection Act?

The Insurrection Act authorizes the president to deploy military forces inside the United States to suppress rebellion or domestic violence or to enforce the law in certain situations. The statute implements Congress’s authority under the Constitution to “provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.” It is the primary exception to the Posse Comitatus Act, under which federal military forces are generally barred from participating in civilian law enforcement activities.

 

The Insurrection Act, in principle, only allows the American president to use the armed forces to assist civilian authorities to enforce some law in the presence of an insurrection. But the language of the law is quite vague. Trump makes it clear that he has in mind invoking the Insurrection Act to very broad purposes, essentially to change the regime.

 

Brennan Center for Justice