A bipartisan group of legal experts is sounding the alarm on presidential power this election season.
They asked Congress to amend a set of laws known as the Insurrection Act to limit how the White House could deploy troops on American soil in case a future president used its overwhelming powers. I'm looking for it.
“It's really up to the president to decide when to use the military as domestic police,” said Elizabeth Goitein, senior director of the Freedom and National Security Program at the Brennan Center for Justice. “And that's a big concern, because an inward-looking military can quickly become an instrument of oppression.”
The Insurrection Act, which predates the development of modern state and local police forces, gives the president the power to use the military to suppress domestic riots and rebellions in emergency situations.
The last time a president invoked the law was in 1992, when President George H.W. This law was used to quell violence in Los Angeles.
But Goitein said that when President Dwight Eisenhower called in federal troops to force school desegregation in Little Rock, Ark., most people remembered the law as another moment in civil rights history. He said that
The issue was recently debated after Hurricane Katrina devastated New Orleans and before the January 6, 2021, attack on the U.S. Capitol.
Democratic Maryland Rep. Jamie Raskin is cooperating with the investigation into the violence at the Capitol, and a central figure in efforts to help former President Donald Trump cling to power recognizes the power of the Insurrection Act. He said he was doing so.
“Stewart Rhodes, who was convicted of seditious conspiracy, a conspiracy to overthrow or pacify the government, was essentially asking President Trump to use the Insurrection Act to carry out an insurrection.” Mr. Raskin said.
Mr. Rose had hoped to deploy the far-right Oath Keepers group to keep Mr. Trump in power, using old language in the law that referred to Mr. Trump's militia groups. Although President Trump did not invoke the law, some lawmakers and legal experts say the episode should serve as a warning.
“As a general principle, we are not in a military dictatorship and do not use the military for routine law enforcement purposes,” Raskin added.
Three proposed changes to current law
Jack Goldsmith is a Harvard Law professor and leader of the Presidential Reform Project. He said reforming the Insurrection Act should be a bipartisan priority because presidents of both parties could use it to politicize the military and violate states' rights.
“This is a huge blank check and it's easy to imagine how it could be misused,” Goldsmith said.
Mr Goldsmith outlined three major changes to the law.
First, Congress needs to refine and clarify the language regarding when the president can exercise this sweeping power.
”[T]”There's no limit to what's written in the statute, so it can be used in virtually any situation that the president thinks it needs to be used in. And it's so insane that it needs to be fixed.” said.
Next, Goldsmith said the law should require the president to consult with state officials and Congress.
Finally, and most importantly, he said it is “absolutely essential” that Congress impose time limits on its use and notify lawmakers to make a decision. Sen. Richard Blumenthal, D-Conn., floated the idea that Congress would give the president about a week to approve such a move or the military would have to be disbanded. ing.
Blumenthal said he has been discussing the plan with his Republican colleagues and said it is about more than President Trump.
“My hope is that in a very bipartisan way my colleagues will be able to create safeguards and guardrails for powers that at this point are unlimited and untrammeled and can be easily abused by any president, not by any particular individual.” “It's about recognizing the need for,” Blumenthal said.
The current presidential campaign is dogged by old laws. The Washington Post reported that if President Trump is re-elected, he could use the Insurrection Act to quell protests and deal with crime in major cities.
Some Democrats are also calling on President Biden to use that authority to federalize the National Guard along the southwest border, as Texas clashes with Republican lawmakers over the scope of the state's powers. ing.
Supporters said this is another reason for Congress to update the law, which dates back to the 1790s, to reflect conditions on the ground today.
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