Stop Any Misuse Of The Insurrection Act

President Trump’s January 15, 2026 threat to invoke the Insurrection Act to deploy U.S. military forces in Minnesota is an extreme overreach that Congress must oppose now. The Act is a narrow exception to the long-standing rule that the U.S. military is not used for domestic law enforcement. It was never meant to manage protests, political disputes, or public outrage over federal actions. Using it this way would undermine constitutional norms and place dangerous power in the hands of the executive. The Narrow Purpose Of The Insurrection Act The Insurrection Act, codified at 10 U.S.C. §§ 251–255, permits domestic military deployment only under extraordinary conditions, such as rebellion, invasion, or a collapse of civil authority that makes normal law enforcement impossible. Legal scholars emphasize that this statute was designed for true emergencies, not ordinary civil unrest. The Historic Ban On Military Law Enforcement For more than a century, U.S. law has drawn a clear line between civilian law enforcement and military power. The Posse Comitatus Act exists precisely to prevent the normalization of troops policing Americans. Invoking the Insurrection Act erases that line and risks militarizing routine governance. No Legal Basis For Military Intervention Exists The unrest in Minneapolis, while serious, does not constitute an insurrection. Minnesota’s state and local governments remain fully operational. Courts are functioning. Law enforcement agencies are active. Protest, even when angry or disruptive, is protected speech. It is not rebellion. Military Force Would Escalate, Not Stabilize Deploying troops into civilian spaces increases the likelihood of escalation, confusion of command, and civil liberties violations. History shows that military presence often intensifies tensions rather than calming them. This risk is precisely why the Act must remain a last resort. Steps Congress Must Take Now Congress is not powerless here. You should publicly reject any improper use of the Insurrection Act, demand a written legal justification identifying the statutory trigger, and hold immediate oversight hearings. You should also advance legislation clarifying triggering standards, requiring consultation with state officials, imposing time limits, and mandating congressional approval for prolonged domestic troop deployments. Prevent Executive Overreach If the Insurrection Act can be invoked whenever protest becomes inconvenient, then it ceases to be an emergency tool and becomes an instrument of political control. Congress must act now to preserve the constitutional balance of power and protect the civil liberties of Americans.