|
Did Trump Have the Right to Call in Federal Troops?
|
|
Backlash has been swift against Senator Tom Cotton (R) over his New York Times op-ed supporting a presidential invocation of the Insurrection Act to quash violent demonstrations.
|
|
|
|
President Trump has publicly considered citing the Act to send federal military forces to respond to the protests and riots that have been sweeping our country. This topic has raised questions amongst the general public - What is the Insurrection Act? What are its origins and has it been invoked frequently in our nation's history?
|
|
|
Origins of the Insurrection Act of 1807
|
|
The Insurrection Act allows the president of the United States to deploy the military to maintain or reestablish order during times of crisis or emergency. It was originally introduced during the administration of Thomas Jefferson.
Aaron Burr, a prominent politician in the Revolutionary era, was halted in his career as a result of his famous (and fatal) duel with Alexander Hamilton in 1804. In the wake of political failure, Burr plotted to invade Mexico with his supporters, effectively beginning a war with Spain and retaining the new territory for himself.
|
|
|
|
When President Jefferson learned of the plot, he had no constitutional power to deploy troops to prevent it. Although Jefferson ultimately used other means to stop Burr, the Insurrection Act was introduced and passed as a result of the dilemma, "authorising the employment of the land or naval forces of the US. in cases of insurrection."
|
|
|
Uses of the Insurrection Act
|
|
Since its passage in 1807, the Insurrection Act has been used by several presidents throughout history. Jefferson first invoked it to enforce a trade embargo against Great Britain.
|
|
|
Abraham Lincoln expanded on the law in 1861 in order to legally invade the southern states without their governors' permission. It was used again during Reconstruction to give the president authority to enforce the 14th Amendment.
In more recent times, the Act has been used to break up race riots (Woodrow Wilson, 1919; Richard Nixon, 1973), end strikes (Harry S. Truman, 1946), and provide relief after natural disasters (George H.W. Bush, 1989; George W. Bush, 2005). One of the most famous invocations of the Act came in 1957, when President Eisenhower sent federal forces to protect the Little Rock Nine during desegregation.
|
|
|
The Insurrection Act has been invoked in a number of incidences, from natural disasters to violent demonstrations. It follows that Trump's actions here echo those of his predecessors. As always, history sheds light onto current controversial issues. Our citizens, politicians, and government officials would do well to learn about our history as we face another conflict.
|
|
History can always teach us something about the present, but only if it remains a priority. Without knowledge of our predecessors' experiences, we have no basis to make important decisions about our country's future.
JMC supports those teachers who are championing education in America's history and its founding principles. Our growing network of more than 900 dedicated professors are making a difference on hundreds of campuses across the country. So far, they have taught more than one million students. Will you help us reach more?
|
|
|
Happy Flag Day!
Flag Day is this Sunday, June 14. Learn more about the history of the American flag and the controversies surrounding it on our Flag Day Discovery Page >>
|
|
|
About the Jack Miller Center
The Jack Miller Center is a 501(c)(3) public charity with the mission to reinvigorate education in America's founding principles and history. We work to advance the teaching and study of America's history, its political and economic institutions, and the central principles, ideas and issues arising from the American and Western traditions—all of which continue to animate our national life.
We support professors and educators through programs, resources, fellowships and more to help them teach our nation's students.
|
|
|
|
|
|
