Grant invoked the act largely to target the Ku Klux Klan operating within South Carolina. In 1871, two years into office, President Ulysses S.
Jefferson was the first to use the act that he had signed into law, sending troops to the Lake Champlain region in New York and Vermont in 1808 after citizens continued to violate the Embargo Act. While a separate law called the Posse Comitatus Act, according to the Congressional Research Service Report, prohibits “the willful use of any part of the Army or Navy to execute the law unless expressly authorized by the Constitution or an act of Congress,” the Insurrection Act sidesteps that, giving the president authorization to utilize the military under certain circumstances, writes Stephen Vladeck, a professor at the University of Texas Law School.Īccording to the service report, the act has been invoked “on dozens of occasions,” but notes that since the end of the disturbances seen during the 1960s civil rights movement, its use has become “exceedingly rare.” military to quell riots across the nation. The Insurrection Act, originally signed by Thomas Jefferson in 1807, gives the president the power to act unilaterally and deploy the U.S. And what powers the president does and does not have under the act has come under greater scrutiny than perhaps ever in its 213-year existence. There is general consensus that the president does not have legal authority to invoke the Insurrection Act to alter the outcome of the election. Trump’s call for protests that day in the nation’s capital - and the potential for violence - has sparked fears he would use the chaos to justify invoking the Insurrection Act to deploy U.S. Tensions are growing over the potentially harmful effects of a showdown in Congress when it meets on Wednesday to take up the normally benign process of validating the Electoral College votes that would formalize Joe Biden’s election as president. The Insurrection Act: What it is and the Power it Gives the White House | HistoryNet Close
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