I am among a growing number of Americans who are concerned about the possibility of a president abusing the Insurrection Act to put the U.S. military in our streets for political purposes. Such a move would not be reviewable by the courts and is currently subject to few restraints. As experts like Jack Goldsmith and Bob Bauer have argued, addressing this risk should be a priority for lawmakers regardless of their party.
The Brennan Center has proposed to Congress multiple reforms we can make to the Insurrection Act to put obstacles in the way of its misuse, including restoring judicial oversight and setting time limits on the use of troops unless an extension is explicitly approved by Congress, limiting the circumstances in which the Insurrection Act may be invoked, and forbidding its use to impose martial law or suspend habeas corpus. The CIVIL Act introduced in 2020 would also require the President to consult Congress before deploying troops and get joint certification from the Secretary of Defense and the Attorney General. As your constituent, I am asking you to push for action on these or similar bills to limit this government power as soon as possible.