The Insurrection Act of 1807

I have started and stopped this post like 10 times.  I want to hope that this does not happen, but after what I saw this morning that is happening in Minneapolis, I feel like the question is when and not if.

Regardless of what side of the political divide you stand on, which way you lean it is important to be informed.  That being said, let's learn about the Insurrection Act, when it's been used, how it can be used, and when it would be used.

This President has been itching to invoke it, threatening to do it during the George Floyd protests and again in 2025 in Los Angeles during immigration enforcement protests.

What is the Insurrection Act?

It is a federal law that was created in 1807 to that allows the President of the United States to deploy federal troops (and including the National Guard) to a state or city to stop an insurrection against the state, disperse unlawful assembles, obstructions or rebellions.  These conditions would be depriving citizens of the Constitutional rights.  I think that is important to note here that Eisenhower and Kennedy invoked the act to protect civil rights marchers, to enforce desegregation.

The spirit of the law would be that Governor's would request for the President to send in troops, but it is not a requirement and the President can send in troops without a Governor's approval.

When was the last time it was used?

The last time it was used was the Los Angeles Riots of 1992.  These riots broke out after the acquittal of the policemen that were accused of beating Rodney King. If you would like to read more about what happened to cause this, there is a great article on Britannica.  Before that Governor's requested help in the aftermath of Hurricane Hugo. There is a very fascinating list on Wikipedia of all the times I has been invoked since 1808.  It is interesting that it has only been invoked 30 times in 218 years.

Can it be invoked today?

We are living in unpreceded times.  In my opinion it could be done at any time.  Likely without a reasonable explanation or event.  In my research there was always an event that sparked it be invoked.   

What will happen if it is invoked?

This is really the really scarry part.  I don't think we know what this looks like or how long it will last.  In the past the deploy has been short and rescinded with a few days or weeks.  Troops would like have the authority to make arrests and set up blockades.  It seems to me like they would police like authority.

What can be done to stop it?

This is also very scary, there is probably nothing.  Governor's can likely call up the National Guard first, but they would like be Federalized if the insurrection is invoked.  It doesn't hurt to contact your elected officials and express your concerns.  Trust what you see with your eyes and hear with your ears.

Honestly, I would love to know your thoughts.

~Cyn