Presidential Power to Deploy Military Inside the U.S.
Did you know that for domestic affairs, the U.S. president holds power to deploy the military and National Guard without Congressional approval? Throughout our nation’s history, various presidential administrations have deployed military troops to manage domestic uprisings or large scale natural disasters. In 1807, Congress adopted the Insurrection Act in order to define the government’s — primarily the president’s — roles and responsibilities in these instances.
What is the Insurrection Act?
What is known as the Insurrection Act is actually a series of laws that empower the president to deploy military forces for domestic affairs. The laws give the president exclusive power to deploy troops in the event that a state legislature asks for enforcement aid, or to “suppress rebellion,” when state or local resources cannot or are unwilling to uphold laws, or when the execution of a law requires enforcement. Language in one of the laws includes, “any insurrection, domestic violence, unlawful combination, or conspiracy,” as qualifiers for the president’s consideration. The law falls short of defining these events, allowing for broad interpretation. Though the laws have expanded over the decades, many legal scholars and elected representatives from both major political parties call for clarifying the language and terms.
Yesterday and today
“The armies of the government should be compelled to enforce [the] principles of liberty.” — Joseph Smith
The need for insurrection laws arose during a time when the country was small but growing, and local and state law enforcement was not what it is today. The laws have provided a means of support during crises, and the tradition of invoking the act only when local or targeted agencies require help tends to prevail in most instances.
Early usage of the Insurrection Act saw presidents ordering troops to stop regions from breaking away from the federal government. During the Civil Rights era, Presidents Eisenhower, Kennedy, and Johnson invoked this act, sending troops to prevent or contain violence and uphold desegregation laws in the South. President George H.W. Bush was the last to invoke this law when, in 1992, he called on troops to assist local authorities during the Los Angeles riots that followed the acquittal of the officers who beat Rodney King, resulting in his death.
At times, the Insurrection Act has been misapplied. When President Buchanan perceived members of The Church of Jesus Christ of Latter-day Saints in the northern region of Utah (a U.S. territory at the time) to be rebels in 1857, he sent 2,500 troops to the area. The Saints heard word of the incoming army and organized an army of their own, making defensive plans and carrying out acts of sabotage on the American troops. Before the troops arrived, the Saints had covered up the foundation of the temple in Salt Lake City and fled south in droves along the southern quarter of what is now known as the Wasatch Front. U.S. troops occupied Salt Lake City for the next four years.
Most recently, President Trump stated his intention to invoke this series of laws to deport millions of non-citizens. He has justified the use of the act by describing illegal immigration as a mass scale rebellion to federal immigration law. This declaration raises practical, legal, and ethical concerns, including that the Supreme Court has held that non-citizens in the U.S. are guaranteed equal protection and due process under the law.
What about the Posse Comitatus Act and martial law?
The Insurrection Act is actually the rare exception to the Posse Comitatus Act (or “power of the country”), which prohibits U.S. military and National Guard involvement in domestic affairs. This law established the long-standing tradition of the military refraining from interfering with civilian enforcement — a standard of liberty widely respected across political parties. Invoking the Insurrection Act pauses the Posse Comitatus Act until a natural or legal resolution occurs.
The military acts under “martial law” when they take over for civilian forces, whereas troops only assist local authorities under the Insurrection Act.
Decision making power and limits
“We have learned by sad experience that it is the nature and disposition of almost all men, as soon as they get a little authority, as they suppose, they will immediately begin to exercise unrighteous dominion.” — Doctrine and Covenants 121:39
The Supreme Court weighed in on two key cases impacting laws under the Insurrection Act, one which clarified the president holds sole decision power to deploy troops in times of domestic crisis and another clarifying that troops are still held to federal and state laws during these atypical deployment situations.
Since limits remain undefined in the Insurrection Act, legal experts warn of the possibilities of abuse of presidential power and military dictatorship. If a commander in chief chooses to utilize the most powerful military in the world to control their citizens, individual freedoms are at risk.
Roles
Reforming these outdated laws is the responsibility of Congress, and upholding peacekeeping tradition and preserving human rights is an ethical responsibility of the president. We can expect accountability and advocate for lawmakers to reform and uphold these laws meant to protect our freedoms.
This article was written by Sherilyn Stevenson, lead researcher and writer for Mormon Women for Ethical Government.