Trump-proofing The Insurrection Act

Created
Mon, 06/05/2024 - 23:00
Updated
Mon, 06/05/2024 - 23:00
Good luck with that My post on Sunday referenced Ross Douthat’s flop-sweaty warning that President Biden should stop campaigning as if he is ahead. But credit the Washington Post Editorial Board’s warning, at least to Democrats in Congress, that while hoping for the best they should plan for the worst. “Though the emergency powers that the Insurrection Act confers are inherently susceptible to abuse, presidents’ respect for democratic values and constitutional norms has by and large prevented that,” the Board begins. There’s still time to make some tweaks to the Act before January 2025. Golly jeepers, who might they be referencing between the lines? Just so we’re clear: Having gone unused since 1992, the Insurrection Act is perhaps obscure to the public today. It deserves more attention, given that there could be a second term for former president Donald Trump, who not only lacks respect for democratic norms but also actively encouraged a mob to descend on the Capitol on Jan. 6, 2021. The law grants a president the power to “take such measures as he considers necessary” to suppress “any insurrection, domestic violence, unlawful combination, or conspiracy.” It does not define those terms. Nor does it require the president to get permission from state leaders. While the Posse Comitatus Act of 1878 generally restricts the use of the armed forces in domestic law enforcement, there’s an exception for other acts of Congress, which would cover the Insurrection Act. Mr. Trump’s associates have reportedly drafted plans to invoke the law on his first day…