Democratic Senator Seeks Bipartisan Support to Rein in Presidential Use of Insurrection Act
ICARO Media Group
In a renewed effort to curb the authority of presidents to deploy the military within the United States, Democratic Senator Richard Blumenthal is seeking support from both Republicans and Democrats to overhaul the Insurrection Act. The move comes in response to recent threats made by former President Donald Trump to utilize troops to suppress violence in cities if he were to be reelected.
Blumenthal, a senior member of the Homeland, Armed Services, and Judiciary committees, expressed his concern about the potential for abuse of the Insurrection Act, which grants the president the power to deploy the military domestically to suppress rebellion or violence. He emphasized that this issue should concern all, regardless of who holds the presidency.
Trump's comments regarding the deployment of the military to tackle crime in inner cities, as well as his characterization of New York City and Chicago as "crime dens," have sparked renewed interest in revising the legislation. Blumenthal had previously attempted to amend the law in 2020, following Trump's threats to use troops during civil rights protests after the killing of George Floyd. However, the bill did not make it onto the House floor.
Blumenthal is now drafting a new version of the legislation that aims to provide a clearer definition of what constitutes an insurrection and the specific circumstances under which the president can use force. Additionally, it would grant local officials standing in the courts to challenge the legitimacy of the emergency declaration. Currently, the law allows a president to deploy troops whenever unlawful obstructions, combinations, or rebellion make it impracticable to enforce federal law.
The Senator stressed that his proposed changes to the Insurrection Act are not solely targeted at Trump but would apply to any president. He asserted that the vague wording of the law poses a bipartisan danger for potential misuse in the future.
Blumenthal's efforts to amend the Insurrection Act may face a more favorable reception in the Democratic-controlled Senate than in the Republican-controlled House. Additionally, the Senator hopes to introduce the proposed changes as a standalone bill in the coming weeks, with the possibility of incorporating it into the next annual Pentagon policy bill.
The recent moves to rein in the presidential use of the Insurrection Act are not the only measures taken to restrict executive power ahead of a potential Trump presidency. Congress recently approved legislation as part of the fiscal 2024 Pentagon policy bill that prevents any president from unilaterally withdrawing the United States from NATO without approval from the Senate or an act of Congress.
Blumenthal's proposed changes to the Insurrection Act aim to protect the military from improper political interference and ensure that decisions regarding its deployment are made for legitimate reasons. The Senator emphasized that military professionals should not be burdened with determining whether it is appropriate to deploy the National Guard to address issues such as drug trafficking.
Blumenthal is collaborating with legal scholars from the nonpartisan Brennan Center for Justice in New York to draft the legislation. While there appears to be significant interest from Democrats, some Republicans have also shown an inclination to support the proposed changes to the Insurrection Act.
As the debate on revising the Insurrection Act intensifies, it remains to be seen whether Blumenthal's efforts will garner enough support to pass through Congress. However, the bipartisan recognition of the need to address the potential for abuse within the law suggests that this issue may gain traction in the ongoing political landscape.