What Invoking the Insurrection Act Would Really Mean
Quick Read
Summary
Takeaways
- ❖The Insurrection Act, established in 1807, allows the president to deploy the U.S. military domestically, but its use is typically under specific, well-defined circumstances.
- ❖Historical uses, such as in the LA riots (1992), Detroit riots (1967), and Little Rock desegregation (1957), involved either a governor's request due to overwhelmed local forces or to enforce constitutional rights.
- ❖The current context in Minneapolis is distinct because federal agents are already present and perceived as contributing to disorder, rather than quelling it, and there is no request from local authorities.
- ❖Deploying the military in such a scenario would politicize the armed forces, forcing soldiers to confront fellow citizens exercising their constitutional right to protest.
- ❖This action would negatively impact military morale, unit cohesion, and retention, as soldiers may question the lawfulness of orders and their role in domestic enforcement.
- ❖The intermingling of disciplined military forces with federal agencies like ICE, which are described as 'undisciplined' and using excessive force, creates a dangerous environment where lines of authority and rules of engagement are blurred.
Insights
1Historical Context vs. Current Application of the Insurrection Act
The Insurrection Act has historically been invoked under specific conditions: either at the request of a state governor whose forces are overwhelmed (e.g., LA riots, Detroit riots) or to enforce federal law and constitutional rights when states fail to do so (e.g., Little Rock desegregation). In these cases, there was a clear mission and an exit strategy. The current situation in Minneapolis is distinct because the federal government is perceived as causing disorder, and there is no request from local authorities, fundamentally altering the act's traditional purpose.
General Hurtling details historical uses, contrasting them with the current Minneapolis situation where federal agents are 'causing disorder' and there's no local invitation.
2The Moral and Cohesion Crisis for the Military
Invoking the Insurrection Act in the current context places soldiers in a precarious moral and professional position. They are sworn to uphold the Constitution, which includes the right to protest. Forcing them to confront fellow citizens, especially those peacefully protesting, creates internal conflict and can severely degrade morale, unit cohesion, and retention rates. The military's diverse composition further complicates this, as soldiers from various backgrounds may hold differing ideologies and personal connections to the issues at hand.
General Hurtling states, 'Invoking this act puts soldiers in a really uncomfortable position because they are facing their fellow citizens... as an American soldier, I've also sworn an oath to the constitution.' He also notes the military's diversity and varying ideologies among troops.
3Blurring Lines Between Military and Militarized Police Forces
The increasing militarization of federal law enforcement agencies like ICE, which are seen wearing camouflage uniforms with excessive ammunition and using disproportionate force without clear rules of engagement, blurs the distinction between policing and military action. This intermingling with actual military forces, especially if the military is perceived as supporting 'undisciplined' federal agents, risks eroding the military's high public support and creating confusion about their respective roles and authorities.
Ben Parker and General Hurtling discuss ICE agents dressed like soldiers with 'surprisingly large amount of ammunition' and 'no constraints on their use of force,' leading to 'intimidating and bullying the population.' General Hurtling warns this will 'decrease the level of support for the military.'
Lessons
- Recognize the critical distinctions between historical uses of the Insurrection Act and its potential application in contemporary domestic situations, particularly regarding local consent and the nature of the 'insurrection'.
- Understand that deploying the military domestically without clear objectives and local authority requests can politicize the armed forces, creating moral dilemmas for soldiers and potentially eroding public trust.
- Differentiate between the roles and conduct of the U.S. military, which operates under strict rules of engagement and constitutional oaths, and militarized federal law enforcement agencies, which may exhibit less discipline and accountability in domestic operations.
Notable Moments
The hosts highlight the critical difference in the current Minneapolis situation compared to historical uses of the Insurrection Act, noting that federal agents are perceived as causing disorder, not quelling it, and there's no local request for military intervention.
This distinction fundamentally challenges the traditional justification and purpose of invoking the Insurrection Act, suggesting a potentially unprecedented and problematic application.
General Hurtling describes the moral and professional dilemma faced by soldiers if ordered to confront fellow citizens peacefully protesting, emphasizing their oath to the Constitution.
This underscores the internal conflict and potential damage to military morale and cohesion when forces are used in ways that contradict their foundational oaths and training.
The discussion points out the blurring lines between disciplined military forces and 'undisciplined' federal agencies like ICE, which are seen using excessive force and lacking clear rules of engagement.
This highlights the danger of eroding public trust in the military by associating it with federal agencies perceived as acting without restraint, potentially escalating civil unrest.
Quotes
"A president can invoke it just because he feels like invoking it because he believes that the nation and the government is threatened."
"It's usually used as a fire extinguisher to put out a fire. But if you're using the insurrection act to further light more match matches... it becomes a discretionary tool of government for actually bringing more more harm to the citizens and using military force in a political manner."
"Invoking this act puts soldiers in a really uncomfortable position because they are facing their fellow citizens."
"The military normally has very high popular support from the citizens of our country because they defend the nation against foreign invaders. When you use them in a domestic role like we're thinking about doing right now, that will certainly decrease the level of support for the military."
"It does not appear that they [ICE forces and Border Patrol] are primarily concerned with protecting and serving. They are primarily geared toward arresting and detaining and intimidating and harassing."
Q&A
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