Account

The Actual News

Just the Facts, from multiple news sources.

Insurrection Act: What is it, and does US president have plenary authority?

Insurrection Act: What is it, and does US president have plenary authority?

Summary

President Donald Trump is considering using the Insurrection Act, which allows deploying the U.S. military domestically for law enforcement without needing approval from Congress or state governors. The Insurrection Act is an 1807 law that enables the president to use military forces to address situations like rebellions. The decision has stirred discussions around legal terms such as martial law and plenary authority.

Key Facts

  • President Trump is looking into the option of using the Insurrection Act.
  • The Insurrection Act lets the president deploy federal military troops inside the U.S. to enforce laws or stop a rebellion.
  • This law does not require permission from Congress or state governors.
  • The U.S. Supreme Court said the president can decide when to use the law.
  • The Insurrection Act has been used about 30 times in history, including in the 1950s and 60s to integrate schools and in 1992 during the Los Angeles riots.
  • Martial law and the Insurrection Act are different; martial law involves military rule over civilians, while the Insurrection Act enforces civilian law using the military.
  • Legal experts agree that martial law is less defined, with past instances only when civilian courts were not operating.
  • President Abraham Lincoln declared martial law during the Civil War; it was also imposed in Hawaii after Pearl Harbor.

Source Information