Congress Must Reform the Insurrection Act Immediately

I am writing with deep concern about the unchecked power granted to the presidency under the Insurrection Act — a 200-year-old law that today poses a direct threat to the constitutional rights of Americans. Recent events have shown how easily this law can be twisted against the very people it was supposed to protect. Donald Trump — who incited a violent attack on the U.S. Capitol on January 6, 2021, and later pardoned many of those involved — is now labeling peaceful protesters as “insurrectionists” and openly threatening to use military force against them. This should alarm every elected official, regardless of party. The Insurrection Act was intended for extraordinary emergencies. Instead, as currently written, it grants near-limitless authority to send federal troops into U.S. cities with almost no oversight, no clear legal threshold, and no meaningful safeguard against abuse. Trump has already declared certain states to be in “pure insurrection,” deployed Marines and National Guard forces to major cities, and embraced rhetoric that paints dissent as rebellion. His advisers are reportedly preparing orders to override governors and occupy more states in the name of “law and order.” That is not leadership — it is an invitation to authoritarianism. Calling in troops when state and local law enforcement are fully functional — as 24 Democratic attorneys general have argued — “sets a chilling precedent that puts the constitutional rights of all Americans at risk.” Illinois Governor J.B. Pritzker has flatly rejected Trump’s claims that Chicago is a “war zone,” reminding the public that facts do not support that narrative. The only real threat is the use of force against citizens exercising their First Amendment rights. Deploying the U.S. military against civilians is not public safety — it is tyranny. No president, current or future, should be allowed to weaponize military power against political opponents or peaceful assemblies. Congress must act now. Reform the Insurrection Act before it is used again as a tool of repression. At minimum, legislation should: • Require congressional approval for any domestic troop deployment lasting more than 14 days; • Empower federal courts to block unconstitutional uses of the Act; • Explicitly prohibit the use of military force against peaceful protesters; and • Mandate transparency and public reporting whenever the Act is invoked. What is happening on American streets — armored vehicles, tear gas, and citizens assaulted for speaking out — should never happen in a democracy. The right to peacefully protest is not an act of insurrection. It is the most fundamental proof that democracy is still alive. I urge you — regardless of party — to defend that principle and reform the Insurrection Act now.