President Donald Trump is exploring another avenue to send military troops onto Chicago streets: invoking the Insurrection Act. The 218-year-old law grants broad powers to activate troops within US borders to quell rebellions and enforce laws, leaving room for interpretation by the president.
Trump has expressed interest in using this power, citing instances of violence and courts holding him up. However, Governor JB Pritzker of Illinois and Attorney General Kwame Raoul are fighting against his attempt to deploy the National Guard, which a federal judge temporarily blocked. Trump has appealed that ruling to the US Supreme Court.
The Insurrection Act was signed into law by President Thomas Jefferson in 1807, with some statutes dating back to George Washington's second term. The law gives presidents power to deploy the military without congressional approval in response to "unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States."
Experts warn that invoking this law could set a dangerous precedent, blurring the line between domestic law enforcement and military intervention. Professor Dan Maurer notes that this is the easiest way for Trump to deploy troops on the streets, but it's also a power that has not been used in decades.
In recent history, only three presidents have invoked the Insurrection Act: George H.W. Bush, Bill Clinton, and Donald Trump himself, in 1992. That last invocation was in response to civil unrest following the Rodney King beating acquittal in Los Angeles. A significant gap of 33 years has passed since then.
Critics like Maurer stress that this law is a fundamental departure from Posse Comitatus, an 1878 act barring military involvement in domestic policing. By invoking the Insurrection Act, Trump would be asserting significant authority over how the nation responds to perceived threats.
"The American military policing our own people? That's not fine in our country," says Maurer. "This is one of those areas where the president is likely to have a tremendous amount of deference in determining what is an insurrection and therefore when to invoke the Insurrection Act and deploy the National Guard."
The use of this law would mark a significant shift in norms, sparking concerns about how the US military might be deployed domestically.
Trump has expressed interest in using this power, citing instances of violence and courts holding him up. However, Governor JB Pritzker of Illinois and Attorney General Kwame Raoul are fighting against his attempt to deploy the National Guard, which a federal judge temporarily blocked. Trump has appealed that ruling to the US Supreme Court.
The Insurrection Act was signed into law by President Thomas Jefferson in 1807, with some statutes dating back to George Washington's second term. The law gives presidents power to deploy the military without congressional approval in response to "unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States."
Experts warn that invoking this law could set a dangerous precedent, blurring the line between domestic law enforcement and military intervention. Professor Dan Maurer notes that this is the easiest way for Trump to deploy troops on the streets, but it's also a power that has not been used in decades.
In recent history, only three presidents have invoked the Insurrection Act: George H.W. Bush, Bill Clinton, and Donald Trump himself, in 1992. That last invocation was in response to civil unrest following the Rodney King beating acquittal in Los Angeles. A significant gap of 33 years has passed since then.
Critics like Maurer stress that this law is a fundamental departure from Posse Comitatus, an 1878 act barring military involvement in domestic policing. By invoking the Insurrection Act, Trump would be asserting significant authority over how the nation responds to perceived threats.
"The American military policing our own people? That's not fine in our country," says Maurer. "This is one of those areas where the president is likely to have a tremendous amount of deference in determining what is an insurrection and therefore when to invoke the Insurrection Act and deploy the National Guard."
The use of this law would mark a significant shift in norms, sparking concerns about how the US military might be deployed domestically.