โ† Back to Acts

Insurrection Act

1807

10 U.S.C. ยงยง 251โ€“255

๐Ÿ“Œ Link to the Text of the Act

Read the statute (10 U.S.C. ยงยง 251โ€“255)

๐Ÿ“Œ Why It Was Done

Passed to provide the President with authority to deploy military forces domestically to respond to insurrections, enforce federal law, and protect civil rights when states are unwilling or unable to act.

๐Ÿ“Œ Pre-existing Law or Constitutional Rights

It built on earlier militia statutes (like the Militia Acts of 1792), giving the executive clearer authority to use federal forces. Operates as an exception to the Posse Comitatus Act.

๐Ÿ“Œ Overreach or Proper Role?

Debated. Supporters argue it is necessary for extraordinary emergencies; critics argue it grants overly broad presidential discretion with few checks.

๐Ÿ“Œ Who or What It Controls

  • โ€ข
    The President and federal executive branch
  • โ€ข
    State governments when federal authority is invoked
  • โ€ข
    National Guard and armed forces when federalized

๐Ÿ“Œ Key Sections / Citations

  • โ€ข
    10 U.S.C. ยงยง 251โ€“255

๐Ÿ“Œ Recent Changes or Live Controversies

  • โ€ข
    Raised in public debate during civil unrest in the 2020s
  • โ€ข
    Reform proposals have sought to clarify limits and increase congressional oversight

๐Ÿ“Œ Official Sources