The Insurrection Act: Trump’s Next Test of Executive Power

by Lāsma Kokina

In this paper, we discuss:

• President Trump’s consideration of invoking the 1807 Insurrection Act to deploy U.S. military forces domestically;
• The Act’s broad powers, which override the Posse Comitatus Act and allow troop deployment during civil unrest;
• Recent National Guard deployments to Democrat-led cities, sparking lawsuits from Oregon and Illinois;
• The administration’s rationale — restoring order when local or judicial authorities obstruct federal action;
• Legal and political risks surrounding premature invocation, amid fears of court challenges;
• The supportive Supreme Court majority that could strengthen Trump’s executive authority if the Act is tested.

Download PDF: Insurrection Act November 2025