Current Events: What Is the Insurrection Act?

Across any ideological spectrum, historians and political analysts are likely to agree that deploying U.S. Military troops into U.S. cities by way of invoking the Insurrection Act is a sign of democratic disequilibrium. Therefore, a president’s threat to invoke its use should be something that draws much attention. Invoking the executive power to quell violent unrest with military force is not likely a first choice of action in any administration.

Of the forty-five U.S. Presidents, seventeen have invoked the Insurrection Act to quell violent uprisings that threatened domestic security. The Insurrection Act of 1807 has been modified twice, once in 1861 and then again ten years later in 1871. Many of the invocations of the act occurred soon after the American Civil War in the second half of the 19th century, and then in the 20th century by President Dwight D. Eisenhower and President John F. Kennedy in response to leadership that refused to uphold desegregation law. The act was used in 1989 to address unrest in the U.S. Virgin Islands after Hurricane Hugo, and in 1992 during the L.A. Riots. The act has not been invoked in over 30 years.

Though President Trump has recently pulled back on rhetoric in which he discussed using the Insurrection Act to subdue protests against Immigration and Customs Enforcement (ICE) actions, he has left its possible invocation on the table for the future. Protests and ICE operations continue to develop across the country. It is thus important to understand the history, legality, and potential ramifications of The Insurrection Act today.

Essential Questions:

Essential Question #1 – Under what circumstances is it legal for a U.S. President to employ U.S. military troops domestically?

Essential Question #2 – When, why, and how was the Insurrection Act created? When has it been used previously?

Essential Question #3 – What exactly would an invocation of the Insurrection Act look like in a city?

Essential Question #4 – What are the legal implications and justifications of Martial Law? Why does understanding Martial Law matter in a democracy?

Vocabulary:

Posse Comitatus Act – U.S. federal law that prevents federal troops from acting as a civilian police force unless explicitly authorized by the Constitution or Congress.

Martial Law – Imposition of military rule in a civilian population, temporarily suspending civil rights and Constitutional protections.

Insurrection – A violent rebellion against established authority, often involving armed resistance or significant force with a deliberate, ongoing goal of disrupting or overthrowing the government.

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