Changes to the Insurrection Act need to happen now – before yet another authoritarian – or even the same one – tries another Jan. 6 and succeeds, FrankFigliuzzi1 writes.
by then Defense Secretary Mark Esper. The Insurrection Act came up again as Trump desperately considered options that would help him overturn Joe Biden’s victory over Trump in the 2020 election. The Times reports that Trump advisors, including former National Security Advisor Mike Flynn, and Roger Stone, suggested that martial law be declared or that the military be used to seize voting machines and “rerun” the election.
There are at least three possible solutions to checking a president intent on abusing his Insurrection Act power. If the select committee looking into the Jan. 6 attack on the Capitol is reconsidering the Insurrection Act, its members may have seen some evidence that either Trump was close to inappropriately invoking the act, or that invoking the act was part of a proposed plan to unlawfully overturn the election – or both. Per the New York Times reporting, it’s more than one committee member that feels this way. Representative Zoe Lofgren, D-Calif.
There are at least three possible solutions to checking a president intent on abusing his Insurrection Act power. Any one of these suggestions would provide greater parameters than the total lack of restraint that currently exists, and none would prevent a president from quickly moving to deal with a rapidly developing domestic rebellion against the government.
First, the Insurrection Act should be amended to include some element of congressional oversight. When it comes to committing troops to combat on foreign soil, theputs restraints on a president in the form of congressional notification and authorization requirements. Specifically, the War Powers Act requires that Congress be notified within 48 hours of U.S.
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