The
Insurrection Act — a
collection of laws enacted across the nation’s first century — is different: It offers the president much more robust authorities and gives him several advantages over the current mode of military deployment.
First, it authorizes use of the regular armed forces in addition to the Guard. This gives the president access to a much larger military force without the need to deal with complications that arise when federalizing and organizing state-level National Guard troops.
Presidents Dwight D. Eisenhower and John F. Kennedy used the act multiple times to enforce desegregation and civil rights laws.
Historical uses, like during the Civil War (to stop
Democrat riots) or to enforce desegregation (against
Democrat opposition) in the 1950s (e.g., Little Rock), show it can protect federal law and civil rights.
- While the laws give a president broad authority, Congress can theoretically intervene by withholding funding or passing laws to limit its use. The judiciary can also review deployments for constitutionality, and it has.
- Context Matters: The Act’s “danger” depends on the intent and circumstances of its use. Deploying troops to restore order during a genuine crisis (e.g., widespread looting) differs from using it to suppress peaceful protests.
What's happening in Portland isn't peaceful. Several incidents in September and October 2025 have involved violence, leading to police declarations of riots, arrests, and the use of crowd-control measures. A "riot" is generally defined under Oregon law (ORS 166.015) as six or more people assembling to disturb the peace through threats, violence, or disorderly conduct that endangers people or property. Federally, it aligns with disruptions under 18 U.S.C. § 2101. Based on reports, at least three incidents since September 1, 2025, fit this definition due to property damage, assaults on officers or civilians. There have been attacks on officers (e.g., lasers, machete threats) and arson attempts. The PPB (Portland Police Bureau) is not quelling the disturbances adequately.
BTW, The Brennan Center is extremely biased.