While martial law gives the power to the military leadership, the Insurrection Act provides the US President the powers of the state and administration. It is a collection of laws passed by the US Congress.
Speculations are rife on social media about whether US President Donald Trump will invoke the Insurrection Act and “impose martial law” on April 20. The rumours have emerged from the January 20 executive order that Trump soon signed after assuming the presidency, which hinted at the imposition of a martial-law type order, effectively meaning the deployment of military on US soil.
Here’s what Trump’s January 20 order suggested
The January 20 order signed by Trump suggested that the Secretary of Defence and the Secretary of Homeland Security, within 90 days of the proclamation of the order, shall submit a joint report to the President about the conditions at the southern border of the United States.
The order further stated that the President could also be provided recommendations about any additional actions that can help obtain total operational control of the US’ southern border. Notably, the recommendations given to Trump may also include the option to invoke the Insurrection Act of 1807.
What is Insurrection Act 1807?
The Insurrection Act, 1807, is a rarely used constitutional tool that allows the US President to use federal troops or place the National Guard under the control of the Federal Government to ensure law enforcement in certain conditions, including large-scale protests or civil disturbances, among others.
According to the Brennan Center for Justice, the statute implements Congress’s authority under the Constitution to “provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.”
The Insurrection Act, unlike a typical martial law that allows the military leadership to take control, gives the US President the powers of the state and administration.
According to a report, the Insurrection Act, which is a collection of laws passed by the US Congress, was passed between 1792 and 1871.
