• Home
  • Opinion
  • Quizzes
  • Redistricting
  • Sections
  • About Us
  • Voting
  • Events
  • Civic Ed
  • Campaign Finance
  • Directory
  • Election Dissection
  • Fact Check
  • Glossary
  • Independent Voter News
  • 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

Reform in 2023: Leadership worth celebrating

Layla Zaidane

Two technology balancing acts

Dave Anderson

Reform in 2023: It’s time for the civil rights community to embrace independent voters

Jeremy Gruber

Congress’ fix to presidential votes lights the way for broader election reform

Kevin Johnson

Democrats and Republicans want the status quo, but we need to move Forward

Christine Todd Whitman

Reform in 2023: Building a beacon of hope in Boston

Henry Santana
Jerren Chang
latest News

Does partisanship impact happiness?

Lynn Schmidt
8h

Return copyright to its roots: Compensate human creators

Samantha Close
8h

It’s the institutional design, stupid! With a parliamentary system, America could avoid gridlock and instability

Milind Thakar
06 February

Poll: Americans’ legislative wish list for new congress shows frustration with political systems

Benjamin Clary
06 February

Podcast: Why Democrats fail with rural voters

Our Staff
06 February

Your Take: Religious beliefs

Our Staff
03 February
Videos

Video: America's civic education gap: What can business do?

Our Staff

Video: What does it mean to be Black?

Our Staff

Video: The dignity index

Our Staff

Video: The Supreme Court and originalism

Our Staff

Video: How the baby boom changed American politics

Our Staff

Video: What the speakership election tells us about the 118th Congress webinar

Our Staff
Podcasts

Podcast: Why Democrats fail with rural voters

Our Staff
06 February

Podcast: Anti-racism: The pro-human approach

Our Staff
03 February

Podcast: 2024 Senate: Democrats have a lot of defending to do

Our Staff
02 February

Podcast: Collage: The promise of Black History Month

Our Staff
01 February
Recommended
Does partisanship impact happiness?

Does partisanship impact happiness?

Big Picture
Return copyright to its roots: Compensate human creators

Return copyright to its roots: Compensate human creators

Business & Democracy
Video: America's civic education gap: What can business do?

Video: America's civic education gap: What can business do?

Video: What does it mean to be Black?

Video: What does it mean to be Black?

It’s the institutional design, stupid! With a parliamentary system, America could avoid gridlock and instability

It’s the institutional design, stupid! With a parliamentary system, America could avoid gridlock and instability

Government
Poll: Americans’ legislative wish list for new congress shows frustration with political systems

Poll: Americans’ legislative wish list for new congress shows frustration with political systems

Government