Get the Facts: What is the Insurrection Act and when has it been used?
After a court blocked Donald Trump’s National Guard plans in Portland, talk of invoking the Insurrection Act resurfaced.
After a court blocked Donald Trump’s National Guard plans in Portland, talk of invoking the Insurrection Act resurfaced.
After a court blocked Donald Trump’s National Guard plans in Portland, talk of invoking the Insurrection Act resurfaced.
A recent court ruling blocking President Donald Trump’s efforts to deploy the National Guard to Portland, Oregon, has led him to consider invoking the Insurrection Act, as he discussed with reporters in the Oval Office on Monday.
The Trump administration has argued that additional military support is needed to protect federal agents from riots targeting Immigration and Customs Enforcement (ICE) facilities.
Now, the ruling has revived public questions about how the Insurrection Act works and when presidents have used it in the past.
What is the law
The Insurrection Act allows the president — as commander-in-chief — to deploy military forces or the National Guard within the United States.
The current version of the law was enacted in 1807, but an earlier version was signed in 1792 and is a combination of different statutes.
How it works
It provides three primary pathways for military deployment:
- At a state’s request: When a governor or state legislature asks for federal help to control unrest. This is the most common use of the law.
 - To uphold federal authority: When rebellion, violence, or obstruction prevents the enforcement of federal laws or court orders.
 - To protect civil rights: When unlawful actions deprive citizens of constitutional rights or obstruct the execution of federal law.
 
The text of the law doesn’t define terms like “rebellion” or “domestic violence” to consider prerequisites for military deployment. In a 1827 Supreme Court case, it was decided that the decision be left to the president. In later cases, the Supreme Court suggested that the courts may step in if the president acts in bad faith, makes a mistake, or acts in a way unauthorized by law. The courts can also review the lawfulness of the military’s actions once deployed.
How it's been used in the past
Presidents have invoked the Insurrection Act about 30 times in the past.
It played a role during the Civil Rights Movement — when President Dwight D. Eisenhower and later President John F. Kennedy deployed federal troops to enforce school desegregation orders. Both actions were taken over the objections of state governors who resisted integration following the Supreme Court’s Brown v. Board of Education decision.
The most recent use came in 1992, when President George H.W. Bush invoked the act during the Los Angeles riots following the acquittal of police officers in the beating of Rodney King.
The Brennan Center for Justice put together a full list of when the Act has been invoked. You can find that .
Video below: President Trump’s National Guard plan faces revolt, lawsuit
What it is and what it isn't
The Insurrection Act is the one exception to other laws that prevent the military from assisting in civil law enforcement, but it does not establish martial law.
Martial law involves the temporary replacement of civilian government authority in an emergency.
It’s important to note that the Insurrection Act generally permits the military to assist civilian authorities (whether state or federal), not take their place.