The Insurrection Act: A Broad Authority for Military Force
The act's broad language, largely unchanged since the Civil War, allows presidents to deploy troops whenever they believe domestic unrest, rebellion, or resistance to federal law makes normal enforcement impossible. This extensive authority is rooted in Congress's constitutional power to call forth the militia to “execute the Laws of the Union, suppress Insurrections and repel Invasions,” as described in the Constitution. The act effectively creates a presidential override of the prohibitions against using military forces for domestic law enforcement. What was initially conceived as an emergency power for a young nation now stands as a powerful tool for President-elect Trump, who might see state resistance to federal immigration enforcement as justification for military deployment.
Yes, indeed, the President can apply military force to the states and cities that refuse to “Execute the Laws of the Union” under the laws on the books since the 1790’s. Even George Washington did it to the Whiskey Rebellion citizens, remember? Oh, yes, I think Lincoln did it, too, So, is it Trumps, turn?