• Home
  • Independent Voter News
  • Quizzes
  • Election Dissection
  • Sections
  • Events
  • Directory
  • About Us
  • Glossary
  • Opinion
  • Campaign Finance
  • Redistricting
  • Civic Ed
  • Voting
  • Fact Check
  • News
  • Analysis
  • Subscriptions
  • Log in
Leveraging Our Differences
  • news & opinion
    • Big Picture
      • Civic Ed
      • Ethics
      • Leadership
      • Leveraging big ideas
      • Media
    • Business & Democracy
      • Corporate Responsibility
      • Impact Investment
      • Innovation & Incubation
      • Small Businesses
      • Stakeholder Capitalism
    • Elections
      • Campaign Finance
      • Independent Voter News
      • Redistricting
      • Voting
    • Government
      • Balance of Power
      • Budgeting
      • Congress
      • Judicial
      • Local
      • State
      • White House
    • Justice
      • Accountability
      • Anti-corruption
      • Budget equity
    • Columns
      • Beyond Right and Left
      • Civic Soul
      • Congress at a Crossroads
      • Cross-Partisan Visions
      • Democracy Pie
      • Our Freedom
  • Pop Culture
      • American Heroes
      • Ask Joe
      • Celebrity News
      • Comedy
      • Dance, Theatre & Film
      • Diversity, Inclusion & Belonging
      • Faithful & Mindful Living
      • Music, Poetry & Arts
      • Sports
      • Technology
      • Your Take
      • American Heroes
      • Ask Joe
      • Celebrity News
      • Comedy
      • Dance, Theatre & Film
      • Diversity, Inclusion & Belonging
      • Faithful & Mindful Living
      • Music, Poetry & Arts
      • Sports
      • Technology
      • Your Take
  • events
  • About
      • Mission
      • Advisory Board
      • Staff
      • Contact Us
Sign Up
  1. Home>
  2. Fact Check>
  3. protests>

Claim: President Trump have the rights to invoke the Insurrection Act. Fact check: True

Bing Xiao, Medill School
June 09, 2020
President Trump threatens to deploy United States military unless states halt violent protests.
www.youtube.com
"I am mobilizing all federal and local resources, civilian and military, to protect the rights of law-abiding Americans."
"If a city or state refuses to take the actions necessary to defend the life and property of their residents, then I will deploy the United States military and quickly solve the problem for them."

White House press secretary Kayleigh McEnany said at a briefing June 1 that President Trump has the prerogative to invoke the Insurrection Act to resolve violent protests that broke out in support of George Floyd across the nation.

According to the definition from the Legal Information Institute of Cornell Law School, the Insurrection Actt, adopted in 1807, authorizes the president, at the request of a state government, to federalize the National Guard and to use the remainder of the Armed Forces to suppress an insurrection against that state's government. It further allows for the president to do the same in a state without the explicit consent of a state's government if it becomes impracticable to enforce federal laws through ordinary proceedings or if states are unable to safeguard its inhabitants' civil rights. However, the Posse Comitatus Act prohibits the government from using military forces to act as a police force within U.S. borders.


Governors prefer relying on National Guardsmen to de-escalate the tensions.

On Wednesday, Defense Secretary Mark Esper said he does not support invoking the Insurrection Act and using active-duty military forces to deal with the unrest in U.S. cities — a statement that puts him at odds with his boss.

Sign up for The Fulcrum newsletter

From Your Site Articles
  • Reimagining federalism in the time of Covid - The Fulcrum ›
  • Citizens must demand middle ground on use of domestic force - The Fulcrum ›
  • Laws limit use of military to police election unrest - The Fulcrum ›
  • What we mean when we use words like sedition, insurrection - The Fulcrum ›
Related Articles Around the Web
  • Insurrection Act: Can Trump legally deploy US troops to US cities ... ›
  • The Insurrection Act: Trump's power to deploy military against rioters ... ›
  • READ: The Insurrection Act. What Is The Law Trump Is Threatening ... ›
protests

Want to write
for The Fulcrum?

If you have something to say about ways to protect or repair our American democracy, we want to hear from you.

Submit
Get some Leverage Sign up for The Fulcrum Newsletter
Follow
Contributors

How a college freshman led the effort to honor titans of democracy reform

Jeremy Garson

Our poisonous age of absolutism

Jay Paterno

Re-imagining Title IX: An opportunity to flex our civic muscles

Lisa Kay Solomon

'Independent state legislature theory' is unconstitutional

Daniel O. Jamison

How afraid are we?

Debilyn Molineaux

Politicians certifying election results is risky and unnecessary

Kevin Johnson
latest News

How the anti-abortion movement shaped campaign finance law and paved the way for Trump

Amanda Becker, The 19th
8h

Podcast: Journalist and political junkie Ken Rudin

Our Staff
10h

A study in contrasts: Low-turnout runoffs vs. Alaska’s top-four, all-mail primary

David Meyers
23 June

Video: Team Democracy Urges Citizens to Sign SAFE Pledge

Our Staff
23 June

Podcast: Past, present, future

Our Staff
23 June

Video: America's vulnerable elections

Our Staff
22 June
Videos

Video: Memorial Day 2022

Our Staff

Video: Helping loved ones divided by politics

Our Staff

Video: What happened in Virginia?

Our Staff

Video: Infrastructure past, present, and future

Our Staff

Video: Beyond the headlines SCOTUS 2021 - 2022

Our Staff

Video: Should we even have a debt limit

Our Staff
Podcasts

Podcast: Did economists move the Democrats to the right?

Our Staff
02 May

Podcast: The future of depolarization

Our Staff
11 February

Podcast: Sore losers are bad for democracy

Our Staff
20 January

Deconstructed Podcast from IVN

Our Staff
08 November 2021
Recommended
Bridge Alliance intern Sachi Bajaj speaks at the June 12 Civvy Awards.

How a college freshman led the effort to honor titans of democracy reform

Leadership
abortion law historian Mary Ziegler

How the anti-abortion movement shaped campaign finance law and paved the way for Trump

Campaign Finance
Podcast: Journalist and political junkie Ken Rudin

Podcast: Journalist and political junkie Ken Rudin

Media
Abortion rights and anti-abortion protestors at the Supreme Court

Our poisonous age of absolutism

Big Picture
Virginia primary voter

A study in contrasts: Low-turnout runoffs vs. Alaska’s top-four, all-mail primary

Video: Team Democracy Urges Citizens to Sign SAFE Pledge

Video: Team Democracy Urges Citizens to Sign SAFE Pledge

Voting