How the Insurrectionist Might Use the Insurrection Act to Go After Non-insurrectionists

Opening Arguments

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Atheist, Opinion, Harvard, News, Politics, Legal, Law, Liberal, Supremecourt

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🗓️ 10 February 2025

⏱️ 44 minutes

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Summary

OA1123 - Insurrection enthusiast Donald Trump sure seems to be looking for an excuse to invoke the Insurrection Act of 1807 in a little-noticed section of one of his flurry of Inauguration Day executive orders. We review the history of how the Constitution and subsequent acts of Congress were written specifically to keep the President from deploying troops on US soil without a very good reason, and how and why the Act has been invoked 30 times in US history. When does civil disorder become an “insurrection” and when, if ever, can the President send in troops that a state hasn’t requested? And why is Trump so determined to declare an insurrection on the border?

10 USC 251-255 (colloquially known as “The Insurrection Act”)
“The President’s Authority to Commit Troops Domestically Under the Insurrection Act,” Harold Hongju Koh & Michael Loughlin, American Constitution Society (September 2020)
“Policy Brief: The U.S. Military May Be Used to Secure the Border,” Ken Cuccinelli & Adam Turner (3/24/24)
Insurrection Act of 2024 (IA updates proposed by Democrats)

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Transcript

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0:00.0	You must never ever give up or give in.
0:03.1	You must keep the faith and keep your eyes on the prize.
0:07.5	That is your calling.
0:08.9	That is your mission.
0:10.0	That is your moral obligation.
0:12.0	That is your mandate.
0:13.4	Get out there and do it.
0:15.0	Get in the way.
0:26.6	Change. Change happens because people care. You the people have the power to make this life free and beautiful, to make this life a wonderful adventure.
0:36.6	I still believe with all my heart, America can't. free and beautiful to make this life a wonderful adventure.
0:44.1	I still believe with all my heart, America can be a place where no child is left hungry,
0:47.9	no community is left behind, and no one gets told they don't belong.
0:55.0	The fight for our country is always worth it.
0:59.5	Hello and welcome to opening arguments.
1:02.2	This is episode 1123.
1:04.8	It's the Super Bowl edition.
1:06.2	Get hyped, Matt.
1:11.6	Two teams are playing each other for the Super Bowl.
1:13.4	One of them is Philadelphia, I think.
1:14.7	Yeah, it's Philadelphia and Kansas City.
1:17.8	Actually, I haven't watched it forever, but it is pretty interesting.
1:19.0	I may try to catch a minute of it.
	...

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