Trump's Plan to Deploy National Guard to Chicago Under Fire as Courts Weigh In on Insurrection Act
President Donald Trump has floated the idea of invoking the Insurrection Act, a 218-year-old law that grants him broad powers to deploy troops within US borders to quell rebellions and enforce laws. However, Illinois Governor JB Pritzker and Attorney General Kwame Raoul are fighting this move in court, arguing that there is no insurrection going on in Chicago.
The Insurrection Act gives the president the authority to activate troops without congressional approval in response to "unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States." The law has been used 29 times by presidents since its inception, but not in recent years. Trump's move would set a new precedent for using the military to enforce domestic laws.
Critics say that invoking the Insurrection Act would allow Trump to use his discretion on what constitutes a threat and deploy troops without oversight. "It's basically Trump saying, 'I'm the president. I get to decide what constitutes a threat, and I get to decide what to do about it,'" said Professor Dan Maurer, an expert in national security law.
Experts warn that this move would have far-reaching consequences for civil liberties and the separation of powers. "We are not a society that uses the military for domestic law enforcement," said Professor Steven Schwinn. "To invoke the Insurrection Act and to change that norm would be a substantial change in the norms and culture of the United States."
The Posse Comitatus Act of 1878 bars the military from being used to enforce civilian laws, but Trump's lawyers argue that Section 12406 of US Code defers to the president on this issue. However, many see this as a thinly veiled attempt to bypass the law and use the military as a domestic police force.
As the courts weigh in on this matter, critics are watching closely to ensure that the Insurrection Act is not used to trample civil liberties and undermine the rule of law.
President Donald Trump has floated the idea of invoking the Insurrection Act, a 218-year-old law that grants him broad powers to deploy troops within US borders to quell rebellions and enforce laws. However, Illinois Governor JB Pritzker and Attorney General Kwame Raoul are fighting this move in court, arguing that there is no insurrection going on in Chicago.
The Insurrection Act gives the president the authority to activate troops without congressional approval in response to "unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States." The law has been used 29 times by presidents since its inception, but not in recent years. Trump's move would set a new precedent for using the military to enforce domestic laws.
Critics say that invoking the Insurrection Act would allow Trump to use his discretion on what constitutes a threat and deploy troops without oversight. "It's basically Trump saying, 'I'm the president. I get to decide what constitutes a threat, and I get to decide what to do about it,'" said Professor Dan Maurer, an expert in national security law.
Experts warn that this move would have far-reaching consequences for civil liberties and the separation of powers. "We are not a society that uses the military for domestic law enforcement," said Professor Steven Schwinn. "To invoke the Insurrection Act and to change that norm would be a substantial change in the norms and culture of the United States."
The Posse Comitatus Act of 1878 bars the military from being used to enforce civilian laws, but Trump's lawyers argue that Section 12406 of US Code defers to the president on this issue. However, many see this as a thinly veiled attempt to bypass the law and use the military as a domestic police force.
As the courts weigh in on this matter, critics are watching closely to ensure that the Insurrection Act is not used to trample civil liberties and undermine the rule of law.