Table of Contents
- Trump’s Warning: Insurrection Act Still on the Table
- What Is the Insurrection Act of 1807?
- JD Vance: ‘Crime Is Out of Control’ in Major Cities
- Legal and Historical Context of Military Deployment
- Public and Political Reaction
- Sources
Trump’s Warning: Insurrection Act Still on the Table
In a striking statement that has reignited debate over executive power and civil liberties, former President Donald Trump has not ruled out invoking the Insurrection Act of 1807 to deploy the National Guard in major U.S. cities. The revelation came during an interview on NBC News’ “Meet the Press,” where Vice President JD Vance confirmed that Trump is “looking at all of his options” to address what the administration describes as a worsening crime crisis.
“He has not felt he needed to [invoke the Act] right now,” Vance said Sunday, “but he has not ruled it out.”
What Is the Insurrection Act of 1807?
The Insurrection Act is a little-known but powerful federal law that allows the U.S. president to deploy military forces domestically to suppress civil disorder, insurrection, or rebellion. Originally enacted during Thomas Jefferson’s presidency, it has been used sparingly—most notably during the Civil Rights era and after the 1992 Los Angeles riots.
Key provisions include:
- Authorization to use the U.S. Army or Air Force to enforce federal law.
- Ability to act without a governor’s consent under specific conditions.
- Requirement that the president issue a public proclamation before deployment.
Critics argue that invoking the Act in response to general crime—rather than active rebellion—could set a dangerous precedent for militarizing domestic law enforcement.
JD Vance: ‘Crime Is Out of Control’ in Major Cities
Vance, Trump’s running mate and current vice president, painted a dire picture of urban America during the interview. “Crime is out of control in our major cities,” he asserted, citing spikes in homicides, carjackings, and retail theft in places like Chicago, Philadelphia, and Los Angeles.
While crime data from the FBI and local police departments shows mixed trends—some cities report declines in violent crime since 2022—Vance emphasized anecdotal evidence and localized surges to justify potential federal intervention.
Last week, Trump suggested the Insurrection Act could serve as a legal workaround to recent court rulings that blocked his administration’s attempts to deploy National Guard troops for routine policing duties. “It’s a way to get around the judges,” he reportedly said in a private meeting.
Legal and Historical Context of Military Deployment
The U.S. generally adheres to the Posse Comitatus Act of 1878, which prohibits the use of federal military personnel for domestic law enforcement. The Insurrection Act is one of the few exceptions—but its invocation requires clear evidence of insurrection or inability of local authorities to maintain order.
Historical uses include:
| Year | President | Reason |
|---|---|---|
| 1957 | Dwight D. Eisenhower | Enforce school desegregation in Little Rock, Arkansas |
| 1965 | Lyndon B. Johnson | Protect civil rights marchers in Selma, Alabama |
| 1992 | George H.W. Bush | Restore order during LA riots after Rodney King verdict |
Legal scholars warn that using the Act for generalized crime control—rather than targeted civil unrest—could blur constitutional boundaries and erode public trust in democratic institutions.
Public and Political Reaction
Democratic leaders swiftly condemned the suggestion. “This isn’t 1807—it’s 2025,” said Senate Majority Leader Chuck Schumer. “We don’t solve crime by sending in the Army.”
Civil liberties groups, including the ACLU, called the proposal “authoritarian overreach.” Meanwhile, some conservative commentators defended Trump’s stance, arguing that federal intervention is justified when local governments “fail to protect citizens.”
Public opinion remains divided. A recent Gallup poll shows 52% of Americans support stronger federal action on urban crime—but only 28% favor military deployment.
Sources
The New York Times: Trump Has Not Ruled Out Invoking Insurrection Act
