What is the Insurrection Act?
Tuesday, June 10, 2025 | Michelle Riess
The Insurrection Act, first enacted in 1807, empowers the President of the United States to deploy military forces domestically in situations of significant unrest, insurrection, or when state authorities are unable (or unwilling) to enforce federal law. It stands as a narrow exception to the general prohibition on the use of the military in domestic law, which is enshrined in the Posse Comitatus Act of 1878. The Posse Comitatus Act was enacted to safeguard the American principle of civilian supremacy by limiting the federal government’s ability to employ military force against its citizens, except under the most extraordinary circumstances. Historically, the invocation of the Insurrection Act arose in eras when communication was slow, technology was limited, and local authorities often lacked the resources to respond effectively to national crises. In contrast, modern law enforcement agencies now benefit from real-time communication networks, advanced surveillance systems, and less-lethal crowd-control technologies—resources that make federal military intervention less necessary. The Act was never intended to serve as a routine mechanism for suppressing constitutionally protected dissent, but rather as an emergency provision to safeguard the country in times of genuine insurrection and the collapse of civil order. A closer examination of the structure, conditions, and legal framework of the Insurrection Act reveals how this extraordinary power is intended to operate within our constitutional system.
What is an Insurrection?
An insurrection is a violent, organized attempt to overthrow, obstruct, or undermine the authority of the United States government. Legally, it is addressed in 18 U.S. Code §g aid or comfort to such efforts. An insurrectionist is someone who takes part in this kind of uprising—whether by direct action, coordination, or incitement—when it is aimed at subverting the constitutional order or forcibly preventing the government from carrying out its lawful duties. (emphasis here on lawful duties…)
It is crucial to understand that an insurrection is not simply a protest, even one that turns unlawful or destructive. Acts such as property damage, looting, or even large-scale rioting—though criminal—do not constitute insurrection unless they are part of a deliberate effort to overthrow legitimate governmental authority or interfere with essential state functions supported by the U.S. Constitution. The key distinction lies in intent and target: insurrection involves political violence aimed at the state itself, not merely expressions of grievance or disorder in public spaces. For example, storming a federal building with the explicit goal of halting the certification of electoral votes, disrupting the peaceful transfer of power, or coercing elected officials through force or intimidation clearly falls within the legal and historical definition of insurrection and would have been a time when the Insurrection Act could have, and should have, been legally invoked. Events like that of January 6, 2021 go far beyond a protest or riot; they directly challenge the legitimacy and operation of constitutional governance.
By contrast, a protest that escalates into vandalism or physical confrontation with law enforcement—while potentially serious and criminal—is not, in itself, an insurrection unless it is part of a coordinated and intentional effort to overthrow or obstruct legitimate government authority that is supported by the U.S. Constitution. The First Amendment protects the right to assemble and express dissent, even passionately, and even if unlawful conduct occurs during such events, it does not rise to the level of insurrection unless it is done with the specific objective of subverting the state. Not every instance of civil unrest poses an existential threat to the constitutional order; insurrection is defined not only by violence, but also by its purpose and its intended target.
What Is the Insurrection Act?
Found in Title 10, sections 251–255 of the U.S. Code, the Insurrection Act grants the President the authority—under legitimate circumstances—to federalize the National Guard or deploy active-duty military forces to restore order during times of domestic crisis, such as natural disasters, large-scale accidents, riots, or other emergencies that overwhelm state capabilities. The Act’s provisions are intentionally narrow and strictly defined, underscoring its extraordinary nature as a tool of last resort rather than a means of asserting executive power at will.
Under Section 251, the President may act at the request of a state’s governor or legislature when local authorities determine they cannot suppress an insurrection or enforce the law themselves. This provision emphasizes respect for federalism and the principle that states retain primary responsibility for managing civil disturbances.
Sections 252 and 253 expand presidential authority to act unilaterally in exceptional circumstances—such as when an insurrection obstructs the execution of federal law or when constitutional rights are violated and state authorities fail to intervene. In these cases, the President may deploy military forces without the consent of state officials to ensure the faithful execution of federal law and the protection of citizens’ rights in accordance with the U.S. Constitution.
Invocation of the Insurrection Act requires a formal presidential proclamation ordering insurgents or violent actors to disperse before federal forces may act—an essential procedural step under Section 254. Once federalized, the National Guard comes under federal control, with the President as Commander-in-Chief. The proclamation remains in effect until the President formally concludes the intervention or the underlying emergency has resolved itself. It is essential to remember that the military’s fundamental role is to protect civilians, not to confront them, so the Insurrection Act must be approached with utmost care and strict adherence to constitutional safeguards. The military’s presence must be justified, lawful, and transparent, ensuring the protection of rights rather than their erosion.
Historical Invocations of the Insurrection Act
Throughout U.S. history, the Insurrection Act has been invoked in moments of significant crisis—rebellions, riots, and civil rights conflicts—when local or state authorities were unable to restore order or enforce federal law. However, it has occasionally been invoked—or threatened to be invoked—for reasons that diverge from its intended purpose, risking the misuse of military force against political opposition or peaceful protest. Most invocations of the past were considered lawful and consistent with the Act’s intended purpose, even if controversial: to address extraordinary circumstances where state governments cannot protect constitutional rights or uphold federal authority. These historical uses reflect the seriousness of the threat and the need for federal intervention, underscoring the Act’s role as an exceptional measure for safeguarding constitutional order. While the examples discussed here are some of the most significant and well-documented, it is important to recognize that the Act has been invoked—or threatened—many more times throughout American history, each shaped by the political, legal, and social context of its era.
Thomas Jefferson, April 1808 (Enforcement of the Embargo Act)
In April 1808, President Jefferson invoked the Insurrection Act to enforce the Embargo Act of 1807 near Lake Champlain, a region that straddles the Vermont-Canada border and had become a hotbed of smuggling. The Embargo Act was Jefferson’s response to escalating tensions with Great Britain and France, whose navies routinely seized American ships and forcibly conscripted American sailors into their service. Seeking to pressure both European powers into respecting American neutrality, the Act prohibited trade with Britain and France. However, its implementation dealt a severe economic blow to merchants and farmers in New England, especially in border areas like Lake Champlain, where local economies relied heavily on trade with Canada, then under British control. The geography of Lake Champlain, with its proximity to Canada and numerous inlets, made it an ideal route for illicit trade. Smuggling quickly became widespread, with goods such as lumber, potash, grain, livestock, and manufactured items crossing the border despite the embargo. Customs agents, tasked with enforcing the law, were met with fierce resistance from local traders who viewed the blockade as both punitive and harmful. Jefferson, determined to uphold federal authority, authorized the use of federal troops to assist customs officials in the region. Although no significant clashes occurred, the mere presence of the military effectively deterred further smuggling. Critics decried the use of federal troops as a dangerous extension of executive power. At the same time, supporters argued that it was necessary to uphold national law and protect the young republic’s economic and diplomatic interests. The enforcement effort marked one of the earliest domestic uses of federal military power. It underscored the federal government’s willingness to protect legitimate, constitutionally-based policy, even in the face of local opposition. The episode also illustrated how the Insurrection Act could be employed to safeguard the rule of law in times of national challenge, setting a precedent for later presidents to draw upon in times of domestic crisis.
Andrew Jackson, February 1831 (Arkansas–Mexico Border Dispute)
In early 1831, tensions arose over a border dispute between the Arkansas Territory and Mexico, involving contested lands and overlapping claims along the Red River. Settlers and traders in the region, anxious to secure economic opportunities and defend their interests, frequently crossed into disputed territory to trade, hunt, and graze livestock, intensifying friction with Mexican authorities. Unauthorized militia activity threatened to escalate into open hostilities, as local volunteers formed armed bands to protect American settlers and assert territorial claims. President Jackson, determined to prevent bloodshed and maintain federal authority, prepared to invoke the Insurrection Act to federalize militia forces and deter further conflict. Though federal troops were ultimately not deployed, the mere threat of military intervention defused tensions and prevented escalation. Historians consider it a measured response that demonstrated presidential authority and respect for peaceful diplomatic solutions without direct military engagement. The episode highlighted the federal government’s role in striking a balance between local interests and national security, thereby avoiding premature military confrontation.
Andrew Jackson, August 1831 (Nat Turner’s Rebellion in Southampton County, Virginia)
Nat Turner, an enslaved man, led a revolt in Virginia in August 1831. Turner was a preacher who held significant influence within the enslaved community. The rebellion—fueled by years of racial oppression, economic disparity, and the inhumanity of the slave system—was intended to strike at the heart of white society and inspire broader resistance among enslaved people. The uprising sent shock waves through the South and sparked panic among white residents who feared widespread insurrections. Local militias and state authorities quickly mobilized to suppress the revolt, and by late August, most of Turner’s supporters had been killed, captured, or dispersed. Turner himself eluded capture until late October. In the immediate aftermath, white militias and mobs retaliated against the broader Black community, killing as many as 120 Black men, women, and children—many of whom had no connection to the revolt. Amid the chaos, the mayor of Norfolk requested federal assistance to prevent the rebellion from spreading to neighboring communities. Even before the President could issue a formal proclamation under the Insurrection Act, mid-level military officers unilaterally decided to deploy three artillery companies and some 43 Marines to the region. The military officers involved acted without any explicit orders from the President, making their actions technically illegal under constitutional norms. Only after the troops were already on the ground did President Jackson—a staunch supporter of slavery and a slave owner himself—and Secretary of War John Eaton retroactively endorse the operation, expressing their “entire satisfaction” with the military’s actions despite their illegality. Jackson’s pro-slavery beliefs enabled him to overlook these procedural violations, setting a troubling precedent for future use of federal military force against Black resistance.
Abraham Lincoln, April 1861 (Outbreak of the Civil War)
On April 15, 1861, President Abraham Lincoln invoked the Insurrection Act in response to the most profound constitutional crisis in American history: the secession of Southern states and their open defiance of federal law. Seven Southern states—South Carolina, Mississippi, Florida, Alabama, Georgia, Louisiana, and Texas—had already declared their secession from the Union following Lincoln’s election in 1860, rejecting the authority of the federal government and the Constitution itself. This defiance culminated in the Confederate attack on Fort Sumter in Charleston Harbor on April 12–13, an act of rebellion that threatened the survival of the Republic. The Southern states’ secession and seizure of federal property were direct violations of the Constitution, which did not permit states to unilaterally withdraw from the Union or disregard federal authority. Their actions struck at the very heart of the American system of government, undermining the rule of law and challenging the legitimacy of the Union. In this context, Lincoln issued a proclamation on April 15, 1861, declaring that “the laws of the United States have been opposed, and the execution thereof obstructed” in the seceded states. He called for 75,000 state militia troops to suppress the insurrection and enforce federal law—a formal invocation of the Insurrection Act’s authority. This was not a case of presidential overreach but rather an essential exercise of constitutional responsibility: to protect the Union, to enforce Constitutionally-based laws, and to defend the Constitution itself. While the Southern states predictably condemned Lincoln’s action as an abuse of federal power, their own conduct—rebellion, defiance, and aggression—had precipitated the crisis. Historians recognize that Lincoln’s invocation of the Insurrection Act exemplified its core purpose: to preserve the Union and ensure that no state could unilaterally nullify the Constitution. Lincoln’s use of the Act demonstrated that federal authority would be upheld even in the face of widespread defiance, reaffirming the principle that the Constitution and the Union were binding on all states. The episode stands as a reminder that the Insurrection Act, at its best, is a tool to safeguard the nation’s foundational principles from those who would seek to destroy them.
Ulysses Grant, 1871–1876 (Reconstruction and Suppression of the Ku Klux Klan)
President Ulysses Grant invoked the Insurrection Act multiple times between 1871 and 1876 to enforce Reconstruction laws and suppress white supremacist violence in the post–Civil War South. This period saw widespread defiance of the Constitution, as former Confederate states resisted federal authority and refused to enforce civil rights protections. Local officials often turned a blind eye—or actively participated in—organized campaigns of terror against Black citizens, prompting Grant to act. His repeated deployments reflected both the urgency of protecting constitutional rights and the limitations of state governments in upholding the rule of law during the Reconstruction era.
In 1871, after the Ku Klux Klan unleashed a campaign of terror in parts of South Carolina—engaging in night raids, floggings, lynchings, and burning Black schools and churches—Grant responded by declaring nine counties in “active rebellion,” deploying federal troops, and suspending habeas corpus to curb this domestic racial terrorism. Congress had recently passed the Ku Klux Klan Act of 1871, also known as the Enforcement Act of 1871, which empowered the president to use federal force to protect the civil rights of Black citizens and to prosecute those who conspired to deprive them of equal protection under the law. Grant’s actions under this law demonstrated the federal government’s commitment to enforcing constitutional guarantees against violent resistance.
In 1872, violent intimidation threatened the Louisiana gubernatorial election, as armed white groups sought to block Black citizens from voting and violently disrupted polling places to overturn the results. Black voters were subjected to threats, beatings, and even murder as white supremacist groups sought to maintain white political dominance. Grant invoked the Act and sent federal troops to enforce state court rulings and protect the elected government from violent overthrow. His intervention helped stabilize the state government and ensure that the legal outcome of the election was upheld.
In 1873, after white supremacists massacred dozens of Black citizens in Colfax, Louisiana—one of the deadliest acts of racial violence during Reconstruction—Grant issued proclamations warning that continued resistance to federal authority would be met with military force under the Insurrection Act. The Colfax Massacre arose from a contested local election, with white supremacist groups seeking to seize control of local government and eliminate Black political participation through intimidation murder. Although federal troops were not deployed on a large scale, Grant’s threat of intervention enabled federal prosecutors to bring charges under the Enforcement Acts—laws passed during Reconstruction to protect Black civil rights by criminalizing efforts to deny them through violence or intimidation. These laws represented some of the earliest federal efforts to enforce the Fourteenth and Fifteenth Amendments.
In 1874, riots broke out in Arkansas amid a disputed gubernatorial election between rival political factions. Violence flared as armed groups occupied government buildings and threatened to seize power by force, undermining constitutional government. Grant invoked the Act to deploy federal troops, restore order, and uphold the authority of the recognized state government. His intervention helped to stabilize the situation and prevent an unconstitutional transfer of power through violence.
In 1874 and 1875, Mississippi witnessed severe voter intimidation and racial violence as groups like the White League sought to suppress Black suffrage and dismantle Reconstruction. The White League, formed in 1874, was a paramilitary organization that used intimidation, assassinations, and mass violence to prevent Black citizens from voting and to drive out federal officials enforcing civil rights laws. Black communities were terrorized, polling places were attacked, and countless citizens were prevented from exercising their constitutional rights. President Grant, again, invoked the Insurrection Act to federalize troops, protect polling stations, and ensure that federal law was upheld in the face of white supremacist violence.
In late 1875, another outbreak of violence in Vicksburg, Mississippi threatened to overturn election results through force. The White League and other armed groups attempted to seize control of local government. Grant invoked the Act to station federal forces in the area, protect election integrity, and support the enforcement of federal law. His decisive action reassured Black voters and signaled that the federal government would not tolerate efforts to subvert democracy through intimidation and violence.
Grant’s repeated use of the Insurrection Act during Reconstruction demonstrated the federal government’s commitment to enforcing constitutional protections for Black citizens, even in the face of rampant violence. These deployments took place at a time when communication was limited, transportation was slow, and local authorities frequently refused to intervene. The Act thus became the federal government’s only effective tool in upholding law and order when states failed to protect citizens’ rights.
Woodrow Wilson, April 1914 (Colorado Coalfield Strike)
During the Colorado Coalfield Strike of 1913–1914, tensions between striking miners and mine operators escalated into a bitter and violent labor conflict known as the Colorado Coalfield War. The strike began in late summer 1913, as miners—many of them immigrants—demanded safer working conditions, better pay, and recognition of their union. The Colorado Fuel and Iron Company, owned by the Rockefeller family, fiercely resisted these demands, leading to widespread unrest throughout the southern Colorado coalfields. The situation reached a tragic climax in April 1914 in the Ludlow area, when a company of Colorado National Guardsmen attacked a tent colony of striking miners and their families, killing at least 19 people, including women and children, in what became known as the Ludlow Massacre. In the days that followed, miners retaliated, leading to fierce fighting between strikers and the National Guard. As violence spread, over a thousand members of the Women’s Peace Association staged a large sit-in to demand an end to the bloodshed. Their protest, coupled with the escalating violence, prompted Colorado’s governor, Elias Ammons, to request federal assistance. Responding to the governor’s petition, President Wilson invoked the Insurrection Act on April 28, 1914, issuing a proclamation that ordered all persons engaged in violence to disperse by April 30. Wilson deployed federal troops to replace the Colorado Guardsmen—who were demobilized at Wilson’s request—and restore calm. Federal soldiers arrived soon afterward, working to disarm both striking miners and company-aligned forces and secure federal property. Although federal troops effectively ended the immediate violence, they remained largely neutral and refrained from addressing the miners’ grievances. Congressional investigations that followed documented the appalling conditions miners faced: collapsing tunnels, suffocating dust, low pay, and an absence of union representation. Although the deployment of federal troops succeeded in ending the bloodshed, it failed to resolve the structural injustices that had fueled the conflict. The strike officially ended in December 1914 without achieving the miners’ demands. Nonetheless, the events in Colorado underscored both the necessity and the limitations of federal intervention, highlighting the challenges of balancing order, workers’ rights, and economic justice during times of domestic crisis.
Franklin D. Roosevelt, June 1943 (Detroit Race Riot)
A race riot erupted in Detroit in June 1943, fueled by mounting tension between Black and white residents over scarce jobs, housing, and public resources amidst wartime industrial expansion. The influx of Black workers into defense industries, combined with entrenched residential segregation, heightened racial resentment. On June 20, confrontations at Belle Isle Park spilled into adjacent neighborhoods and downtown streets, resulting in three days of intense unrest. The violence left 34 people dead and hundreds injured, with significant property destruction and widespread fear throughout the city. Recognizing the severity of the situation, President Roosevelt invoked the Insurrection Act and issued Proclamation 2588, ordering “all persons guilty of unlawful obstructions” to disperse. Federal troops, including elements of the 3rd Infantry Division, were deployed to enforce curfews, secure key infrastructure, and support local authorities in restoring order. The federal presence helped quell the violence quickly and prevent further casualties. Historians generally regard Roosevelt’s intervention as necessary to prevent continued bloodshed, but also note that the deployment did nothing to address the systemic racial and economic inequities at the heart of the unrest. While the federal troops contained the immediate threat, the riot underscored the limits of military action in resolving deeply rooted social problems. The Detroit uprising remains a stark historical lesson: ensuring long-term peace requires more than enforcing order—it demands confronting the structural injustices that underpin such crises.
Dwight Eisenhower, September 1957 (Little Rock Central High School Desegregation)
In September 1957, Arkansas Governor Orval Faubus ordered the National Guard to block the entry of nine Black students—later known as the Little Rock Nine—who had been selected to integrate Little Rock Central High School following the Supreme Court’s landmark decision in Brown v. Board of Education (1954). Faubus claimed the measure was necessary to prevent violence, but his real goal was to resist federal desegregation orders and maintain segregationist policies. The sight of armed guards barring nine determined students from entering a public school drew national outrage and underscored the resistance to civil rights in the South. Determined to uphold the Constitution and enforce the Supreme Court’s mandate, President Eisenhower invoked the Insurrection Act to federalize the Arkansas National Guard and dispatched the 101st Airborne Division to Little Rock. This decisive action ensured that the Little Rock Nine could safely attend classes and complete the school year despite daily threats and harassment. While segregationists decried the move as federal overreach, civil rights supporters rightly recognized it as an essential step in defending constitutional rights against state defiance. Eisenhower’s decision highlighted that the Insurrection Act could be employed not only to suppress domestic unrest but also to protect American citizens from unconstitutional acts of oppression. By using federal troops to uphold the rule of law and the principles enshrined in Brown v. Board of Education, Eisenhower demonstrated the federal government’s responsibility to ensure that the rights guaranteed by the Constitution were not denied by state authorities.
John F. Kennedy, September 1962 (University of Mississippi Integration)
In September 1962, James Meredith—a Black U.S. Air Force veteran—attempted to enroll at the University of Mississippi following a federal court order mandating his admission. Segregationist Governor Ross Barnett openly defied the order, personally blocking Meredith’s entry and encouraging white mobs to resist integration. Tensions mounted as thousands of segregationists, many armed, gathered in Oxford to prevent Meredith’s enrollment. Violent clashes erupted between the mob, federal marshals, and state officials, leaving over 300 people injured and two dead. Recognizing that state authorities would not uphold the federal court’s order, President Kennedy invoked the Insurrection Act to federalize the Mississippi National Guard and ordered the deployment of federal troops to restore order and ensure Meredith’s safety. Troops arrived to secure the campus, protect federal officials, and disperse the violent crowds, enabling Meredith to attend classes under heavy guard. This intervention demonstrated the federal government’s commitment to upholding constitutional rights in the face of state defiance and mob violence. Segregationists criticized Kennedy’s actions as an overreach of federal authority. Still, civil rights advocates recognized the deployment as a necessary step to enforce Brown v. Board of Education and ensure that an American citizen could not be denied his rights by state officials or violent mobs. The episode stands as a reminder that the Insurrection Act can be used to protect citizens from oppression and to uphold the Constitution’s guarantees of equal protection under the law.
John F. Kennedy, September 1963 (University of Alabama Integration)
In September 1963, Alabama’s ongoing resistance to desegregation reached a critical point as two Black students—Vivian Malone and James Hood—prepared to enroll at the University of Alabama. Their enrollment was part of the federal effort to enforce Brown v. Board of Education (1954), which declared segregation in public schools unconstitutional. Many white residents of Alabama vehemently opposed integration, viewing it as a direct threat to the state’s longstanding system of racial hierarchy. The idea that Black students could attend a previously all-white university sparked protests, threats, and acts of intimidation from segregationist groups determined to maintain Jim Crow laws. Just months earlier, in June 1963, Governor George Wallace had staged his infamous “Stand in the Schoolhouse Door,” physically blocking the entrance to Foster Auditorium to prevent Malone and Hood from registering. His gesture symbolized the state’s defiance of federal law and its commitment to segregation, serving as a rallying cry for white supremacists throughout the South. Wallace’s actions were not only a deliberate act of political theater but also a calculated challenge to the authority of the federal government and the Constitution itself. When Wallace again threatened to use Alabama’s National Guard to block the students’ enrollment in September, President Kennedy faced a direct challenge to the rule of law. Unlike in other cases where a state’s governor requested federal help, here the governor himself was the source of the obstruction. Recognizing that Alabama’s leadership would not protect the constitutional rights of Black citizens, Kennedy invoked the Insurrection Act to federalize the Alabama National Guard. He also ordered federal troops to ensure the safe enrollment of Malone and Hood, who ultimately registered without incident under federal protection. Kennedy’s decisive action underscored the federal government’s duty to uphold constitutional rights, even when state officials refused to do so. While segregationists condemned the move as an overreach of federal authority, civil rights advocates hailed it as a necessary step in enforcing Brown v. Board of Education and ensuring equal protection under the law. The episode demonstrated that the Insurrection Act could serve as a tool not for oppression, but for protecting citizens from state-sanctioned discrimination and violence.
Lyndon B. Johnson, March 1965 (Selma to Montgomery March)
In early 1965, Selma, Alabama, became the epicenter of the national struggle for Black voting rights. Despite the Fifteenth Amendment’s guarantee of the right to vote, Black citizens in Selma faced systemic barriers, including literacy tests, poll taxes, intimidation, and violence at the hands of white officials determined to maintain racial segregation and political control. Civil rights activists, led by organizations such as the Southern Christian Leadership Conference (SCLC) and the Student Nonviolent Coordinating Committee (SNCC), organized a series of peaceful protests to challenge these injustices. On March 7, 1965—“Bloody Sunday”—over 600 peaceful demonstrators attempted to march from Selma to Montgomery to demand voting rights. As they crossed the Edmund Pettus Bridge, they were brutally attacked by Alabama state troopers and white supremacist mobs using tear gas, batons, and whips. The violent images, broadcast nationwide, shocked the nation and galvanized public support for the civil rights movement. A second attempt to march was turned back by court order, but on March 21, under federal protection, thousands of marchers began the 54-mile journey to Montgomery. Recognizing that Alabama’s governor would not protect the marchers from further violence, President Johnson invoked the Insurrection Act specifically to protect peaceful citizens from hatred and violence, not to create it. He federalized the Alabama National Guard and ordered federal troops and marshals to safeguard the demonstrators. The troops ensured that the marchers could complete their journey safely, providing crucial protection against white supremacist attacks. The march concluded peacefully on March 25 with a massive rally at the Alabama state capitol. The triumphant march helped build momentum for the passage of the Voting Rights Act of 1965, which outlawed discriminatory voting practices and empowered the federal government to enforce voting rights protections. Johnson’s decision to use the Insurrection Act demonstrated that federal authority could be exercised to protect Americans’ constitutional rights rather than to oppress them, ensuring that all citizens could exercise their fundamental freedoms without fear of violence.
George H. W. Bush, May 1992 (Los Angeles Riots)
In April 1992, the acquittal of four Los Angeles Police Department officers who had brutally beaten Rodney King—a Black motorist—ignited outrage across Los Angeles, especially in communities of color long subjected to discriminatory policing, economic neglect, and systemic injustice. Decades of racial tension, high unemployment, and resentment toward the LAPD’s tactics fueled anger and disillusionment, leading to protests that quickly turned violent. The unrest spread rapidly, with widespread looting, arson, and property destruction that overwhelmed local law enforcement. By the time the violence subsided, more than 50 people had died, and thousands had been injured. Recognizing the severity of the crisis, California Governor Pete Wilson formally requested federal assistance to restore order. In response, President George H. W. Bush invoked the Insurrection Act to deploy nearly 10,000 National Guard troops and federal soldiers to Los Angeles. This decisive action was intended to protect residents, prevent further violence, and support local authorities in reestablishing public safety. Federal forces worked to separate rioters from peaceful demonstrators, guard key infrastructure, and assist in protecting lives and property. Although the deployment successfully quelled the immediate violence, it did not address the deep-seated racial and economic grievances that had sparked the unrest. The Los Angeles riots highlighted the complexities of using federal power in domestic crises—while the military restored order, it could not alone heal the decades of injustice and inequality that lay beneath the surface. Nonetheless, President Bush’s invocation of the Insurrection Act in this instance reflected its legitimate use: to protect civilians from imminent harm when state authorities, even with the National Guard, could not manage the crisis alone.
The historical uses of the Insurrection Act demonstrate its intended purpose: to preserve constitutional order, protect citizens’ rights, and restore lawful governance when state authorities fail to do so. From suppressing violent uprisings to safeguarding civil rights, the Act was designed to respond to genuine threats of insurrection or rebellion, not to silence political opposition or peaceful protest. As the nation grapples with evolving challenges, it is essential to remember that the military’s fundamental role is to protect civilians, not to confront them. The Insurrection Act must be approached with utmost care and strict adherence to constitutional safeguards. The military’s presence must be justified, lawful, and transparent, ensuring the protection of rights rather than their erosion.
A key legal boundary reinforcing this principle is the Posse Comitatus Act of 1878. Enacted in the wake of Reconstruction, this law prohibits federal military forces from engaging in civilian law enforcement unless explicitly authorized by Congress or the Constitution. The Act was intended to prevent the military from operating as a domestic police force, reflecting a foundational American commitment to civilian supremacy over the armed forces. Though exceptions exist—most notably the Insurrection Act itself—the Posse Comitatus framework firmly underscores that federal troops may not be used to enforce domestic regulations except under narrowly defined, legally sanctioned scenarios. This boundary is critical to ensuring that military power cannot be wielded arbitrarily or at the whim of an authoritarian-minded executive.
Donald Trump, 2021, 2025
Donald Trump’s relationship with the Insurrection Act has been marked by repeated threats to use it against domestic protesters, not in response to true insurrections, but often as a means to suppress political dissent. During his first term in 2020, following the murder of George Floyd and the nationwide protests that followed, Trump publicly threatened to deploy the military against protesters. Reports from former Secretary of Defense Mark Esper revealed that Trump even suggested the military should “shoot” protesters to quell demonstrations. Esper and other senior officials pushed back, arguing that such an order would violate the Constitution and the Insurrection Act itself, which is intended to respond to insurrections that threaten the nation’s stability, not peaceful assemblies protected by the First Amendment. Esper later recounted that he and others had to repeatedly persuade Trump that the military’s role was not to police political dissent.
During the second Trump administration in 2025, Trump has built a leadership team that no longer includes figures willing to challenge his authority and loyalists who rarely, if ever, question his orders. Most of them are woefully ill-equipped and unqualified for the roles they have been appointed to, and this is likely by design. On Friday, June 6, Immigration and Customs Enforcement (ICE) conducted raids across Los Angeles County. It has been reported that over 100 individuals were detained, primarily working people, sparking protests that blocked streets and clashed with federal agents. With the onset of these protests in Los Angeles, the Trump Administration made the dangerous decision to federalize the National Guard without a request from the Governor. As expected, this significantly escalated tensions with protestors, who were, until that point, predominantly peacefully protesting.
Following this escalation, law enforcement responded with flash-bang grenades, tear gas, pepper balls, and rubber bullets, resulting in injuries to several protesters and one federal agent. Among those affected was an Australian journalist who, while reporting live on air, was struck by a rubber bullet in the leg. Australia’s Department of Foreign Affairs and Trade condemned the incident, emphasizing that “all journalists should be able to do their work safely,” and Australian senators urged Prime Minister Anthony Albanese to demand an urgent explanation from the U.S. government.
On Saturday, June 7, 2025, Trump issued a Title 10 memorandum federalizing 2,000 National Guard troops without the consent of California Governor Gavin Newsom. Secretary of Defense Pete Hegseth placed Marines at Camp Pendleton on “high alert,” indicating a readiness to deploy active-duty forces. State officials, civil liberties groups, and members of Congress condemned the move as authoritarian and inflammatory, arguing that it threatened the constitutional balance between state and federal authority. Critics noted that the deployment coincided with a Trump campaign rally in California, warning that the timing suggested a political motive rather than a genuine threat of insurrection.
This level of law enforcement response became necessary only after the National Guard was called in by President Trump. This unnecessary escalation exacerbated tensions and led to confrontations that might have been avoided otherwise. As the protesters reacted to the presence of federalized troops, law enforcement agencies—including the LAPD—deployed flash-bang grenades, tear gas, pepper balls, and rubber bullets, resulting in injuries to several protesters and one federal agent. Among those injured was an Australian journalist who, while reporting live on air, was struck by a rubber bullet, apparently fired by a member of the LAPD. Australia’s Department of Foreign Affairs and Trade condemned the incident, emphasizing that “all journalists should be able to do their work safely,” and Australian senators urged Prime Minister Anthony Albanese to demand an urgent explanation from the U.S. government.
Ironically, on January 6, 2021, an actual insurrection unfolded at the United States Capitol, as a violent mob—many armed and masked—stormed the Capitol building while Congress was certifying the 2020 presidential election results. People waving Trump flags and wearing MAGA hats, broke windows, smashed doors, and attacked law enforcement officers, one of whom died. The crowd’s goal was to halt the democratic process and overturn the election that they believed was ‘stolen.’ This violent assault on the nation’s capital was a textbook example of an insurrection that threatened constitutional order—yet President Trump refused to invoke the Insurrection Act to protect the government, choosing instead to remain silent for hours as some of his most extreme supporters ransacked the Capitol in his name. This failure to act starkly contrasts with his readiness to deploy military force against protesters exercising their rights to speak out against his administration.
Amid this escalating confrontation, Tom Homan, Trump’s “border czar,” issued a stark warning: “Anyone who gets in the way of ICE will be arrested, I don’t care if it’s the governor or the mayor.” When asked about this threat towards California’s governor and Los Angeles’ mayor during a press conference, President Trump remarked, “I would do it if I were Tom. I think it’s great.” It is important to note that there is no evidence that California Governor Gavin Newsom—or any other California official—has broken any laws or committed any acts that would warrant criminal charges in this situation. Homan’s and Trump’s statements instead underscore the administration’s willingness to use federal power as a political weapon against critics.
On Monday, June 9, the state of California filed a lawsuit against the Trump administration, asserting that the national guard deployment violated the Tenth Amendment and the constitutional principle of federalism by bypassing the governor’s authority. The lawsuit contends that the President’s actions created chaos rather than restoring order, undermining the very principles the Insurrection Act was designed to protect. This episode highlights the dangers of using federal military power to suppress political opposition rather than to preserve constitutional order. This lesson must guide all future invocations of this extraordinary presidential power.
Following the announcement of California’s lawsuit, Vice President J.D. Vance defended the federal action, asserting on X that “if Newsom can’t act… the Federal Government will step in,” underlining the administration’s narrative that extraordinary measures were necessary. Governor Gavin Newsom strongly refuted this, telling reporters, “We had this under control on Friday… the chaos didn’t start until Washington decided to make a show of force.” He added, “The National Guard wasn’t intended to be a political curtain‑raiser; it’s meant to serve the people of California—and that wasn’t the case here.” Newsom also posted on X, “This is a day I hoped I would never see in America. I don’t care if you’re a Democrat or a Republican this is a line we cannot cross as a nation — this is an unmistakable step toward authoritarianism.” Mayor Bass agreed, pointing out that Los Angeles, as a major city, has extensive plans for any large-scale disturbances and had not requested assistance. California Attorney General Rob Bonta also noted that local and state law enforcement were fully equipped—and stressed that if the National Guard was needed, it should be at the governor’s direction, not the president’s.
On the afternoon of June 9, following California’s lawsuit, the Trump administration announced it would deploy approximately 500 Marines, in addition to the National Guard members already in Los Angeles, marking another significant escalation. Later that evening, Trump announced that he was also authorizing the deployment of an additional 2,000 troops to California, in addition to the troops already stationed there. California Governor Gavin Newsom expressed his opinions on X about this rapid escalation:
“I was just informed Trump is deploying another 2,000 Guard troops to L.A. The first 2,000? Given no food or water. Only approx. 300 are deployed — the rest are sitting, unused, in federal buildings without orders. This isn’t about public safety. It’s about stroking a dangerous President’s ego. This is Reckless. Pointless. And Disrespectful to our troops.”
This event has blurred the boundaries between federal authority and state sovereignty, raising critical questions about presidential power and the role of the military in domestic affairs. While President Trump has not formally invoked the Insurrection Act at the time I posted this article, his language labeling protesters as “insurrectionists,” his threats to use federal force, and the authorization of Marines reflect that he likely will seek to invoke it at some point — a troubling attempt to expand presidential authority into matters historically managed by state and local governments. With California’s lawsuit now filed, the legal battle over the president’s unilateral military deployments is almost definitely headed to the Supreme Court, where the limits of executive power and the proper use of the Insurrection Act may be more clearly defined.
A Warning for Our Democracy
The Insurrection Act has always been a tool of last resort, intended for moments when violent threats defied legitimate state authority and challenged the Constitution itself. Yet history shows that it has also been used at times in ways that undermined its very purpose—from the suppression of Black communities during Reconstruction to instances of political intimidation and racial conflict. We once learned hard lessons from those missteps, evolving into a more restrained and principled use of this extraordinary power. But now, with a second Trump Administration, we risk sliding backward toward a time when the government threatens peaceful dissent with authoritarian ambitions. This is not just a partisan issue but a profound challenge to the freedoms of every American, regardless of political affiliation. At a time when the right to protest is more essential than ever, we must ensure that the Insurrection Act remains a shield for liberty, not a weapon wielded by those who seek to undermine it.
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