The Insurrection Act and Putting Troops on American Streets
Session 5 of the Congressional Study Group
Wednesday, December 30, 2020
Session 5 handout
The following is a summary of the fifth session of the Congressional Study Group on Foreign Relations and National Security, a program for congressional staff focused on critically engaging the legal and policy factors that define the role that Congress plays in various aspects of U.S. foreign relations and national security policy.
On July 31, 2020, the Congressional Study Group on Foreign Relations and National Security convened online to discuss the president’s authority to deploy the military domestically, including through the Insurrection Act. In the weeks prior to the session, President Donald Trump had deployed both the military, National Guard units, and federal law enforcement personnel in response to popular protest around the country, often over objections by state and local officials. But what was the legal basis for the president’s actions? And what might Congress be able to do if it believes that the president’s actions are inappropriate?
To discuss these timely and important issues, the study group was joined by two outside experts with deep knowledge in this area: Professor
Steve Vladeck of the University of Texas at Austin School of Law; and
Michel Paradis of Columbia Law School and the Military Commission Defense Office. They circulated several recommended resources as background reading in advance of the session, including:
https://www.brookings.edu/research/the-insurrection-act-and-putting-troops-on-american-streets/
