Congress Should Limit Abuse of Insurrection Act

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Even if the current administration has temporarily backed off threats to invoke the Insurrection Act to quell protests in Minnesota, the idea will likely come up again. The Insurrection Act gives the president broad and vague powers to use active-duty troops for domestic law enforcement, which is vulnerable to abuse. Congress should reform the law to narrow the triggers for invoking it, require consultation with state officials and congressional authorization, and limit deployments to strict time periods.

Why it matters

The Insurrection Act has been rarely used, largely due to presidential restraint, but its broad and vague triggers could allow a future president to exploit the law for partisan purposes. Deploying the military for domestic law enforcement raises concerns about misuse, lack of training, and distracting troops from their primary mission of defending against external enemies.

The details

The Insurrection Act is a set of statutes enacted between 1792 and 1871 that allow the president to circumvent the Posse Comitatus Act's prohibition on using the military for civilian law enforcement. The act has been invoked most recently in 1992 to restore order during the Los Angeles riots and in the 1960s to enforce desegregation and civil rights laws. While a 1964 Justice Department memo narrows the act's focus, the current administration could revise that guidance.

• The Insurrection Act was most recently invoked in 1992 during the Los Angeles riots.
• The act was used in the 1960s to enforce desegregation and civil rights laws.

What’s next

Bills have been introduced to reform the Insurrection Act as recently as last summer. While achieving a veto-proof majority is unlikely under current conditions, Congress has shown itself willing to clarify other antiquated laws in the recent past.