So, to recap, the Insurrection Act gives the commander-in-chief the power to order military forces to try to stop violence at the request of state leaders, or when the president alone feels local law-enforcement agencies cannot enforce federal laws or violence is depriving Americans of their Constitutional rights.īut here's a key fact to debunk the claim regarding Trump: If, or when, a president decides to use the law, another provision requires that person to issue a public proclamation ordering the people causing violence to disperse within a certain time. Put another way, the law is generally "open-ended, leaving the President the power to decide if circumstances warrant" military intervention, according to University of Texas Law School professor Steve Vladeck. However, if that governor or state legislature "cannot be convened" for whatever reason, the law provides the president the legal authority to federalize the National Guard and military without state approval. 24) says to do so, or when the governor of the impacted state makes a request, according to a 2006 report by the Congressional Research Service. Presidents generally invoke the Insurrection Act when, or if, the U.S. Bush invoked the Insurrection Act in 1992 after a jury acquitted four police officers in the brutal beating of Rodney King, a Black man, prompting days of chaotic protests across the Los Angeles metro. ( Read more about martial law via the Brennan Center for Justice.)įormer President George H. The executive authority is different from "martial law," which generally refers to the temporary military takeover of civilian functions and is not defined in federal statutes or the Constitution. cities, whether due to a natural disaster, terroristic violence, civil unrest, or another safety issue.
In other words, the act is the most widely cited legal authority regarding the president's power to deploy the military or the National Guard in U.S. § “Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion. § “Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection.”
The text of the act, which federal leaders originally passed in 1807 and amended several times since, includes the following provisions: 10.Īt least one Parler post alleged the president had invoked the law to specifically use military force against his political opponents, including high-profile Democrats and Republicans, as well as federal agencies that were attempting to uphold the country's democracy amid Trump's baseless election fraud claims. Buckle up kids," one person tweeted on Jan. "Trump signed the Insurrection Act last night. Several tweets about the law, which is called the Insurrection Act, included photos or videos of officers wearing camouflage body armor supposedly patrolling the streets of Washington, D.C. Capitol a week before, rumors surfaced online alleging he had invoked a law that allows a president to use state or federal military forces to suppress civil unrest. President Donald Trump following a deadly attack on the U.S. 11, 2021, as Democratic leaders moved to impeach U.S. cities were unrelated to the 214-year-old law. Trump did not invoke the Insurrection Act, which means all efforts by law-enforcement or military forces in U.S.
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