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In a recent Fox News interview, former President Donald Trump claimed he could deploy military forces to Chicago despite opposition from local leaders and courts, stating he could invoke the Insurrection Act as an alternative to sending the National Guard.
“Don’t forget I can use the Insurrection Act. Fifty percent of the presidents, almost, have used that. And that’s unquestioned power,” Trump said during the October 19 interview, though he added, “I choose not to.”
Trump’s assertion that nearly half of U.S. presidents have invoked the Insurrection Act significantly overstates its historical usage. According to the Brennan Center for Justice, the act has been used just 30 times throughout American history, with only 17 presidents (roughly 37%) officially invoking it. Moreover, the law hasn’t been utilized in more than three decades, making it far from the commonplace measure Trump’s statement suggests.
Legal experts challenge Trump’s characterization of the act as granting “unquestioned power.” Bernadette Meyler, a Stanford University law professor, notes that the Insurrection Act “has been used very rarely and almost exclusively in circumstances where there would be popular acknowledgement that there is an ongoing rebellion or some kind of ongoing civil conflict that is of a pretty profound nature.”
The historical context of the act’s usage also contradicts Trump’s portrayal. Former President Ulysses S. Grant invoked it six times in the 1870s to counter violent white supremacist groups during Reconstruction. President John F. Kennedy used it three times between 1962 and 1963 to enforce school desegregation when local governments actively opposed federal law following the Brown v. Board of Education decision.
“It’s not Portland police out there that are obstructing ICE or Oregon troops being deployed by Oregon Gov. (Tina) Kotek to interfere with ICE,” explained Tung Yin, professor of law at Lewis & Clark Law School. “So I think that just makes the context look different.”
The most recent application of the Insurrection Act occurred in 1992 when then-California Governor Pete Wilson requested military assistance from President George H.W. Bush following the Los Angeles riots that erupted after the acquittal of four police officers in the Rodney King beating case.
Christopher Mirasola, assistant professor at the University of Houston Law Center, describes this as a situation “where local and state officials are completely and totally overwhelmed by the scale and scope of violence.” Such extreme circumstances are markedly different from the current situations in cities Trump has mentioned for potential National Guard deployment, like Portland and Chicago.
Constitutional experts emphasize that even when the Insurrection Act is invoked, presidential authority remains subject to legal restraints. Chris Edelson, an American University assistant professor of government, clarified, “Presidents do not have unquestioned authority. They have limited authority that is available to them in very extraordinary circumstances, when there’s an insurrection.”
Trump also claimed during a press conference that there are “no more court cases” when the act is invoked. While the U.S. Supreme Court ruled in 1827 that presidents have exclusive power to determine whether a situation warrants invoking the law, courts can still rule on the legality of its application. Furthermore, the act’s broad language, which doesn’t specifically define terms like “insurrection” or “rebellion,” doesn’t eliminate constitutional protections such as due process rights.
The White House did not respond to requests for comment on Trump’s statements regarding the Insurrection Act.
Given these facts, Trump’s claims about the frequency of the act’s historical usage and the scope of presidential power it confers significantly misrepresent both its application throughout American history and the constitutional limitations that would apply even if it were invoked.
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9 Comments
The Insurrection Act allows presidents to deploy federal troops in certain circumstances, but its application has been quite rare historically. Fact-checking Trump’s claims about its usage is important to provide accurate context on this presidential authority.
Fact-checking is crucial here to understand the true historical usage of the Insurrection Act, which seems to contradict Trump’s exaggerated claims. It’s a powerful but limited tool that requires judicious use by the president.
This fact check provides a helpful overview of the Insurrection Act and its actual historical usage, which appears to contradict Trump’s exaggerated claims. It’s an important but rarely used presidential power that requires thoughtful consideration.
Interesting to see the historical context around the Insurrection Act. Seems Trump’s claim about its usage is exaggerated. Still, it’s a powerful tool that presidents have occasionally utilized, though its application has been limited over the past few decades.
Interesting insights on the Insurrection Act and its limited historical use, despite Trump’s claims. Seems like an important presidential power, but one that has been applied judiciously by past administrations, not as a matter of routine.
Interesting to see the data on how infrequently the Insurrection Act has been invoked by past presidents, despite Trump’s suggestions. It’s clearly a significant but limited presidential authority, not the commonplace measure his statement implies.
Good to see the facts around the Insurrection Act’s usage being laid out. Trump’s assertion that half of presidents have invoked it appears quite inflated based on the evidence. A powerful but rarely used presidential tool.
This fact check provides helpful context on the Insurrection Act and its actual historical usage, which seems to contradict Trump’s exaggerated claims. An important presidential power, but one with significant limitations in practice.
Invoking the Insurrection Act is a significant move that requires careful consideration. While past presidents have used it, it’s not a commonplace measure as Trump suggested. Experts rightly note it grants limited, not “unquestioned,” power.